Assembly Bill A4392

2015-2016 Legislative Session

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A4392 (ACTIVE) - Details

See Senate Version of this Bill:
S849
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
Penal Law
Laws Affected:
Add §§60.31 & 145.62, amd §§65.10, 145.60 & 240.31, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1856
2011-2012: A6648, S532
2013-2014: A3740, S2251
2017-2018: A7449, S1785
2019-2020: A7138, S83
2021-2022: A5090, S94

2015-A4392 (ACTIVE) - Summary

Increases the penalties for bias related and gang related graffiti, and graffiti upon religious property.

2015-A4392 (ACTIVE) - Bill Text download pdf

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

                                  4392

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the penal law, in relation to bias-related graffiti, the
  disposition of graffiti offenses, graffiti for the purpose of  promot-
  ing gang related activities and graffiti upon religious property

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

  Section 1.  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  AGGRAVATED  HARASSMENT  IN  THE  FIRST
DEGREE AS DEFINED IN 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 THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT  HIS  OR
HER  OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVER-
COME DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMU-
NICATION, UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS  AND
ETHNIC GROUPS.
  S 2. 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]  OFFICE of ALCOHOLISM AND substance abuse services,
[services in an appropriate community program for  removal  of  graffiti
from  public  or private property, including any property damaged in the
underlying offense,] or services for the maintenance and repair of  real
or  personal property maintained as a cemetery plot, grave, burial place
or other place of interment of human remains. Provided however, that the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03821-01-5
              

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