S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2768
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, ABBATE, HEVESI, SCHIMMINGER, LUPARDO,
   GALEF, ROSENTHAL, TITONE, GUNTHER, CUSICK -- Multi-Sponsored by --  M.
   of A.  HOOPER -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to providing certain criminal
   penalties for damage to military monuments

   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 145.24  to
 read as follows:
 § 145.24 DESECRATION OF A MILITARY MONUMENT.
   A  PERSON  IS  GUILTY  OF DESECRATION OF A MILITARY MONUMENT WHEN WITH
 INTENT TO DAMAGE PROPERTY, AND HAVING NO RIGHT TO DO SO NOR ANY  REASON-
 ABLE  GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DAMAGES
 ANY REAL OR PERSONAL PROPERTY  MAINTAINED  AS  A  MILITARY  MONUMENT.  A
 "MILITARY  MONUMENT",  FOR THE PURPOSES OF THIS SECTION, IS ANY MONUMENT
 THAT WAS ERECTED WITH THE INTENT TO HONOR A CURRENT OR FORMER MEMBER  OR
 MEMBERS  OF  THE  ARMED FORCES OR TO MARK OR COMMEMORATE A PAST MILITARY
 ACTION OR BATTLE.
   DESECRATION OF A MILITARY MONUMENT IS A CLASS A MISDEMEANOR.
   § 2. Section 60.29 of the penal law, as added by chapter  165  of  the
 laws of 1997, is amended to read as follows:
 §  60.29  Authorized  disposition;  cemetery  OR MILITARY MONUMENT dese-
           cration.
   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 OR MILITARY MONUMENT crime.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07798-01-7
              

 A. 2768                             2
 
   § 3. 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
 maintained as a cemetery plot, grave, burial place  or  other  place  of
 interment  of  human  remains OR A MILITARY MONUMENT.  Provided however,
 that the performance of any  such  services  shall  not  result  in  the
 displacement  of  employed  workers  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 subdivision 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 condi-
 tions of such service;
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.