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Assembly Bill A525

2017-2018 Legislative Session

Relates to making graffiti in a manner to promote or encourage gang related activities a class E felony

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Archive: Last Bill Status - In Assembly Committee

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2017-A525 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.60, add §145.62, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2451
2011-2012: A1959
2013-2014: A1502
2015-2016: A1033

2017-A525 (ACTIVE) - Summary

Provides that making graffiti in a manner to promote or encourage gang related activities is a class E felony.

2017-A525 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    525
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, GALEF, SCHIMMINGER, ABBATE, HOOPER,
   RAIA, LUPINACCI, PALUMBO -- Multi-Sponsored by  --  M.  of  A.  FINCH,
   MAGEE,  McDONOUGH,  McKEVITT,  RIVERA, THIELE, TITONE -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  imposing  penalties  for
   making  graffiti  in  a  manner  to  promote or encourage gang related
   activities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 145.60 of the penal law, as added by chapter 458 of
 the laws of 1992, is amended to read as follows:
 § 145.60 Making graffiti IN THE SECOND DEGREE.
   [1.]  For purposes of this section AND SECTION 145.62 OF THIS ARTICLE,
 the term "graffiti" shall mean the etching, painting, covering,  drawing
 upon or otherwise placing of a mark upon public or private property with
 intent to damage such property.
   [2. No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
 SECOND DEGREE WHEN HE OR SHE MAKES graffiti of any type on any building,
 public  or  private, or any other property real or personal owned by any
 person, firm or corporation or any  public  agency  or  instrumentality,
 without  the express permission of the owner or operator of said proper-
 ty.
   Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
   § 2. The penal law is amended by adding a new section 145.62  to  read
 as follows:
 § 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
   A  PERSON  IS  GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN SUCH
 PERSON DAMAGES PROPERTY OF ANOTHER PERSON IN  THE  MANNER  DESCRIBED  IN
 SECTION  145.60 OF THIS ARTICLE AND HE OR SHE MAKES GRAFFITI IN A MANNER
 TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES.
   MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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