senate Bill S951A

2013-2014 Legislative Session

Includes bias-related graffiti in hate crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to codes
delivered to assembly
passed senate
May 06, 2014 amended on third reading 951a
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.353
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 24, 2013 referred to codes
Jun 21, 2013 delivered to assembly
passed senate
Jun 22, 2013 ordered to third reading cal.1577
committee discharged and committed to rules
Jan 09, 2013 referred to codes

Votes

view votes

Mar 25, 2014 - Codes committee Vote

S951
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 21, 2013 - Rules committee Vote

S951
24
1
committee
24
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S951 - Bill Details

See Assembly Version of this Bill:
A8960A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1842
2009-2010: S3304

S951 - Bill Texts

view summary

Includes bias-related graffiti in hate crimes.

view sponsor memo
BILL NUMBER:S951

TITLE OF BILL:
An act
to amend the penal law and the vehicle and traffic law, in relation to
bias-related graffiti

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 240.31 of the Penal Law by
adding a new subdivision 1-a.
This subdivision adds the language "etches, paints, covers, draws upon
or otherwise places a mark upon public or private property" to the
crime of aggravated harassment in the first degree.

Section 2 amends the Penal Law by adding a new section 60.31, which
allows the court to order the person convicted of the offense defined
in Section 1 to participate in a diversity training program, at
his/her expense.

Section 3 amends Section 502 of the Vehicle and Traffic Law by adding
a new subdivision 8, which requires that the Commissioner of the
Department of Motor Vehicles not issue a driver's license to any
person convicted of the offense defined in Section 1 until such time
as imposed by the sentencing court has elapsed.

Section 4 amends subdivision 3 of Section 510 of the Vehicle and
Traffic Law by adding a new paragraph j-1, which allows the court to
suspend for up to one year, the driver's license of any person
convicted of the offense defined in Section 1.

JUSTIFICATION:

This bill proposes enhanced penalties for bias-related graffiti in
recognition of the particularly sensitive nature of such graffiti.
Graffiti that is based upon hate should receive a tighter penalty.
Enhancing the penalty will serve to reinforce the seriousness of this
crime and prove to offenders that New York State does not tolerate
bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section
145.60 of the Penal Law. This legislation would include bias-related
graffiti under the section of law that currently covers desecration
of religious property. Under this bill, bias-related graffiti would
be considered a Class E felony. This would increase the allowable
penalty for bias-related graffiti from up to one year in jail under a
Class A misdemeanor to a range of 1 1/3 to 4 years for a Class E
felony at the discretion of the judge.

Recent incidents of bias-related graffiti in Westchester County
exemplify the need to give prosecutors greater leverage in
prosecuting such offenders.

LEGISLATIVE HISTORY:


2011-12 - S.1842 - Died in Codes
03/16/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   951

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation to bias-related graffiti

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 240.31 of the penal law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  ETCHES,  PAINTS,  COVERS,  DRAWS UPON OR OTHERWISE PLACES A MARK
UPON PUBLIC OR PRIVATE PROPERTY; OR
  S 2. The penal law is amended by adding a new section 60.31 to read as
follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
            DEGREE.
  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A
OF SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO  COMMIT  SUCH  AN
OFFENSE,  OR  OF  A  LESSER  INCLUDED  OFFENSE, IN ADDITION TO ANY OTHER
SENTENCE  IMPOSED  OR  AS  A  CONDITION  OF  PROBATION  OR   CONDITIONAL
DISCHARGE: (1) THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS
OWN  EXPENSE,  A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVERCOME
DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND  THAT  PROMOTES  COMMUNI-
CATION,  UNDERSTANDING  AND  RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS AND/OR (2) MAY SUSPEND SUCH INDIVIDUAL'S DRIVER'S  LICENSE
OR  PRIVILEGE TO DRIVE IN THIS STATE FOR A PERIOD OF UP TO ONE YEAR, OR,
IN THE EVENT SUCH INDIVIDUAL DOES NOT HAVE A DRIVER'S LICENSE, THE COURT
MAY DELAY THE GRANTING OF A DRIVER'S LICENSE FOR A PERIOD OF UP  TO  ONE
YEAR.
  S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02858-01-3

S. 951                              2

  8.  EXCEPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT  ISSUE  A  DRIVER'S  LICENSE  TO  ANY  PERSON
CONVICTED  OF  AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31
OF THE PENAL LAW, OR OF AN ATTEMPT TO COMMIT SUCH AN OFFENSE,  OR  OF  A
LESSER  INCLUDED  OFFENSE,  UNTIL SUCH TIME AS IMPOSED BY THE SENTENCING
COURT HAS LAPSED.
  S 4. Subdivision 3 of section 510 of the vehicle and  traffic  law  is
amended by adding a new paragraph j-1 to read as follows:
  J-1.  FOR  A PERIOD UP TO ONE YEAR WHERE THE HOLDER HAS BEEN CONVICTED
OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A  OF  SECTION  240.31  OF  THE
PENAL LAW;
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S951A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8960A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1842
2009-2010: S3304

S951A (ACTIVE) - Bill Texts

view summary

Includes bias-related graffiti in hate crimes.

view sponsor memo
BILL NUMBER:S951A

TITLE OF BILL: An act to amend the penal law, in relation to
bias-related graffiti

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 485.05 of the Penal Law as
amended by chapter 405 of the laws of 2010, by adding section 145.60.
This subdivision adds the language "etches, paints, covers, draws upon
or otherwise places a mark upon public or private property" to the
crime of aggravated harassment in the first degree.

JUSTIFICATION: This bill proposes enhanced penalties for bias-related
graffiti in recognition of the particularly sensitive nature of such
graffiti. Graffiti that is based upon hate should receive a tighter
penalty. Enhancing the penalty will serve to reinforce the
seriousness of this crime and prove to offenders that New York State
does not tolerate bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section
145.60 of the Penal Law. This legislation would include bias-related
graffiti under the section of law that currently covers desecration of
religious property. Under this bill, bias-related graffiti would be
considered a Class E felony. This would increase the allowable penalty
for bias-related graffiti from up to one year in jail under a Class A
misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the
discretion of the judge. Recent incidents of bias-related graffiti in
Westchester County (racial) and King's County (religious) exemplify
the need to give prosecutors greater leverage in prosecuting such
offenders.

LEGISLATIVE HISTORY: 2011-12 - S.1842 - Died in Codes 03/16/09
REFERRED TO CODES 01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 951--A
    Cal. No. 353

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PARKER, AVELLA, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to bias-related graffiti

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second  degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02858-02-4

S. 951--A                           2

first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree);  section  135.05  (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment  in  the  first  degree);  section
135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section  135.60  (coercion  in  the  second  degree);
section  135.65 (coercion in the first degree); section 140.10 (criminal
trespass in the third degree); section 140.15 (criminal trespass in  the
second  degree); section 140.17 (criminal trespass in the first degree);
section 140.20 (burglary in the third degree); section 140.25  (burglary
in  the  second  degree); section 140.30 (burglary in the first degree);
section 145.00 (criminal mischief in the fourth degree); section  145.05
(criminal  mischief  in  the  third  degree);  section  145.10 (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first degree); SECTION 145.60 (MAKING GRAFFITI); section  150.05  (arson
in  the  fourth  degree);  section  150.10  (arson in the third degree);
section 150.15 (arson in the second degree); section  150.20  (arson  in
the first degree); section 155.25 (petit larceny); section 155.30 (grand
larceny  in  the  fourth  degree);  section 155.35 (grand larceny in the
third degree); section 155.40 (grand  larceny  in  the  second  degree);
section  155.42  (grand  larceny  in  the  first degree); section 160.05
(robbery in the third degree); section 160.10  (robbery  in  the  second
degree);  section  160.15  (robbery in the first degree); section 240.25
(harassment in the first  degree);  subdivision  one,  two  or  four  of
section  240.30  (aggravated  harassment  in  the second degree); or any
attempt or conspiracy to commit any of the foregoing offenses.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.