The New York State Senate

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

                                   248

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  BENEDETTO,  COOK,  CRESPO, DINOWITZ,
  GUNTHER, JAFFEE, LAVINE, PERRY, ROBERTS,  SCARBOROUGH  --  Multi-Spon-
  sored  by  -- M. of A. ABBATE, CERETTO, GALEF, HOOPER, SCHIMEL -- read
  once and referred to the Committee on Codes

AN ACT to amend the penal law, in  relation  to  criminal  mischief  and
  larceny  offenses  committed  at  a  place of religious worship and to
  cemetery desecration

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

  Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
vision 3 is added to read as follows:
  2.  damages  property  of  another  person  in an amount exceeding two
hundred fifty dollars[.]; OR
  3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR  VALUE,  IS  IN
ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the 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:
  1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
  2.  DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT,
A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH  FORMS
A  REPRESENTATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN

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

                                                           LBD00418-01-5

A. 248                              2

CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS  A  PLACE  OF  RELIGIOUS
WORSHIP  BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
CORPORATIONS LAW OR THE EDUCATION LAW.
  Criminal mischief in the second degree is a class D felony.
  S 3. Section 145.22 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.22 Cemetery desecration in the [second] THIRD degree.
  A  person  is  guilty  of  cemetery  desecration in the [second] THIRD
degree when:  (a) 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 damages any real or personal proper-
ty USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,  plot,
grave,  burial place, CRYPT, VAULT or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
MENT OR TEMPORARY STORAGE; or
  (b)  with intent to steal personal property, he OR SHE steals personal
property which is located at a cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,
plot,  grave,  burial place, CRYPT, VAULT or other place of interment OR
TEMPORARY STORAGE of human remains OR CREMATED  HUMAN  REMAINS,  OR  ANY
MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE, 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 OR STORED there.
  Cemetery desecration in the [second] THIRD degree is a class A  misde-
meanor.
  S 4. 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 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 USED OR maintained as a
cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
VAULT or other place of interment OR TEMPORARY STORAGE of human  remains
OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT  THAT
IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  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, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave,  burial
place,  CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE of
human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONUMENT,  HEADSTONE,
MARKER,  PLAQUE,  STATUE,  VASE,  URN, DECORATION, FLAG HOLDER, OR OTHER
EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-

A. 248                              3

ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,  GRAVE,
BURIAL  PLACE,  CRYPT,  VAULT,  OR OTHER PLACE OF INTERMENT OR TEMPORARY
STORAGE, and which property is owned by the person or organization which
maintains  or  owns  such  place or the estate, next-of-kin or represen-
tatives of the deceased person interred there; or
  (c) commits the crime of cemetery desecration in  the  [second]  THIRD
degree  as defined in section 145.22 of this article and has been previ-
ously convicted of the crime of cemetery  desecration  in  the  [second]
THIRD  degree,  CEMETERY  DESECRATION  IN  THE SECOND DEGREE, AGGRAVATED
CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED  CEMETERY  DESE-
CRATION IN THE FIRST DEGREE within the preceding five years.
  Cemetery desecration in the [first] SECOND degree is a class E felony.
  S  5.  The penal law is amended by adding a new section 145.24 to read
as follows:
S 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST  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 USED OR MAINTAINED AS A
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN  REMAINS
OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT  THAT
IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  IN  AN  AMOUNT
EXCEEDING TWO THOUSAND DOLLARS; OR
  (B)  WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS PERSONAL
PROPERTY, THE VALUE OF WHICH EXCEEDS  TWO  THOUSAND  DOLLARS,  WHICH  IS
LOCATED  AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL
PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE  OF
HUMAN  REMAINS  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR
OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS  OTHERWISE
ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,
GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR  ORGANIZATION
WHICH  MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR REPRE-
SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR
  (C) COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE  AS
DEFINED  IN  SECTION  145.23  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
CONVICTED OF THE CRIME OF CEMETERY  DESECRATION  IN  THE  THIRD  DEGREE,
CEMETERY  DESECRATION  IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE
FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE  SECOND  DEGREE  OR
AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
  CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  6.  Section  60.29 of the penal law, as added by chapter 165 of the
laws of 1997, is amended to read as follows:
S 60.29 Authorized disposition; cemetery desecration.
  When a person is convicted of an offense  defined  in  section  145.22
[or],  145.23, OR 145.24 of this chapter or of an attempt to commit such
an offense, and the sentence imposed by the court  for  such  conviction
includes a sentence of probation or conditional discharge, such sentence
shall,  where appropriate, be in accordance with paragraph (h) of subdi-

A. 248                              4

vision two of section 65.10 of this  [article]  TITLE  as  such  section
relates to cemetery crime.
  S 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
as  amended  by  chapter  508 of the laws of 2001, is amended to read as
follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution, or agency, including but not limited  to  services
for the division of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty,  including  any  property  damaged  in  the  underlying  offense, or
services for the maintenance and repair of  real  or  personal  property
USED  OR  maintained  as  a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
MENT  OR  TEMPORARY STORAGE.  Provided, however, that the performance of
any such services shall not result in the displacement of employed work-
ers or in the impairment of existing contracts for services,  nor  shall
the  performance  of  any  such services be required or permitted in any
establishment involved in any labor strike or lockout.   The  court  may
establish  provisions  for  the  early  termination  of  a  sentence  of
probation or conditional discharge pursuant to the provisions of  subdi-
vision  three of section 410.90 of the criminal procedure law after such
services have been completed. Such sentence may  only  be  imposed  upon
conviction of a misdemeanor, violation, or class D or class E felony, or
a  youthful  offender  finding  replacing any such conviction, where the
defendant has consented to the amount and conditions of such service;
  S 8. Subdivision 9 of section 155.30 of the penal law, as  amended  by
chapter 479 of the laws of 2010, is amended to read as follows:
  9.  The  property [consists of a scroll, religious vestment, a vessel,
an item comprising a display of religious symbols which forms  a  repre-
sentative  expression  of faith, or other miscellaneous item of property
which:
  (a) has a value of at least one hundred dollars; and
  (b) is kept for or used in  connection  with  religious  worship  in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or  upon  the curtilage of such building or structure used as a place of
religious worship by a religious corporation, as incorporated under  the
religious corporations law or the education law.
  S 9. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1.  when  the value of the property exceeds three thousand dollars[,];
or
  2. the property is an automated teller machine or the contents  of  an
automated teller machine[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION
WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE  CURTILAGE
OF  SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A

A. 248                              5

RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS  CORPORATIONS
LAW OR THE EDUCATION LAW.
  Grand larceny in the third degree is a class D felony.
  S  10. Subdivision 2 of section 155.40 of the penal law, as amended by
chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
added to read as follows:
  2.  The  property,  regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury  to  some  person  in  the
future,  or  (b) cause damage to property, or (c) use or abuse his posi-
tion as a public servant by engaging in conduct within or related to his
official duties, or by failing or refusing to perform an official  duty,
in such manner as to affect some person adversely[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS  A  REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
  (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
  (B)  IS  KEPT  FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR  STRUCTURE
USED  AS  A  PLACE  OF  RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 11. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.