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

                                  1104

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sens.  KLEIN, ADDABBO, DIAZ, FELDER, GOLDEN, MARCELLINO,
  RANZENHOFER, STAVISKY -- read twice  and  ordered  printed,  and  when
  printed to be committed 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
CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
CURTILAGE  OF  SUCH  BUILDING  OR STRUCTURE USED AS A PLACE OF RELIGIOUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00418-01-5
              

S. 1104                             2

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-
ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,  GRAVE,
BURIAL  PLACE,  CRYPT,  VAULT,  OR OTHER PLACE OF INTERMENT OR TEMPORARY

S. 1104                             3

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-
vision  two  of  section  65.10  of this [article] TITLE as such section
relates to cemetery crime.

S. 1104                             4

  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
RELIGIOUS  CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
LAW OR THE EDUCATION LAW.

S. 1104                             5

  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.