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Assembly Bill A5339

2015-2016 Legislative Session

Relates to cemetery desecration

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Archive: Last Bill Status - In Assembly Committee

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2015-A5339 (ACTIVE) - Details

See Senate Version of this Bill:
S3806
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.23, rpld §145.22, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2686
2011-2012: S473
2013-2014: A7201, S3307
2017-2018: A6754, S1109
2019-2020: A8727, S345
2021-2022: A2507, S3691
2023-2024: A217, S2114
2025-2026: A169, S4821

2015-A5339 (ACTIVE) - Summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

2015-A5339 (ACTIVE) - Bill Text download pdf 

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

                                  5339

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to cemetery desecration; and
  to repeal certain provisions of such law relating thereto

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

  Section  1. Section 145.23 of the penal law, as amended by chapter 353
of the laws of 2007, is amended to read as follows:
S [145.23] 145.22 Cemetery desecration in the [first] SECOND degree.
  A person is guilty of  cemetery  desecration  in  the  [first]  SECOND
degree when with intent to damage property of another person, and having
no  right  to  do so nor any reasonable ground to believe that he OR SHE
has such right, he OR SHE:
  (a) damages any real or personal property  maintained  as  a  cemetery
plot,  grave,  burial place or other place of interment of human remains
[in an amount exceeding two hundred fifty dollars]; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property[,  the value of which exceeds two hundred fifty dollars,] which
is located at a cemetery plot, grave, burial place  or  other  place  of
interment  of human remains and which property is owned by the person or
organization which maintains or owns such place or the estate,  next-of-
kin or representatives of the deceased person interred there[; or
  (c)  commits the crime of cemetery desecration in the second degree as
defined in section 145.22  of  this  article  and  has  been  previously
convicted  of  the  crime  of  cemetery desecration in the second degree
within the preceding five years].
  Cemetery desecration in the [first] SECOND degree is a class E felony.
  S 2. The penal law is amended by adding a new section 145.23  to  read
as follows:
S 145.23 CEMETERY DESECRATION IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03105-01-5

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