S T A T E   O F   N E W   Y O R K
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                                  1033

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  GUNTHER, GALEF, SCHIMMINGER, ABBATE, HOOPER,
  SCARBOROUGH, RAIA, LUPINACCI, PALUMBO, TENNEY -- Multi-Sponsored by --
  M. of A. CORWIN, FINCH, MAGEE, McDONOUGH,  McKEVITT,  RIVERA,  THIELE,
  TITONE -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to imposing penalties for
  making graffiti in a manner  to  promote  or  encourage  gang  related
  activities

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

  Section 1. Section 145.60 of the penal law, as added by chapter 458 of
the laws of 1992, is amended to read as follows:
S 145.60 Making graffiti IN THE SECOND DEGREE.
  [1.] For purposes of this section AND SECTION 145.62 OF THIS  ARTICLE,
the  term "graffiti" shall mean the etching, painting, covering, drawing
upon or otherwise placing of a mark upon public or private property with
intent to damage such property.
  [2. No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
SECOND DEGREE WHEN HE OR SHE MAKES graffiti of any type on any building,
public or private, or any other property real or personal owned  by  any
person,  firm  or  corporation  or any public agency or instrumentality,
without the express permission of the owner or operator of said  proper-
ty.
  Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
  S  2.  The penal law is amended by adding a new section 145.62 to read
as follows:
S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF MAKING GRAFFITI IN THE FIRST  DEGREE  WHEN  SUCH
PERSON  DAMAGES  PROPERTY  OF  ANOTHER PERSON IN THE MANNER DESCRIBED IN
SECTION 145.60 OF THIS ARTICLE AND HE OR SHE MAKES GRAFFITI IN A  MANNER
TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES.
  MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01610-01-5