Assembly Bill A7138

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

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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2019-A7138 (ACTIVE) - Details

Current Committee:
Assembly Codes
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:
2011-2012: A6648
2013-2014: A3740
2015-2016: A4392
2017-2018: A7449
2021-2022: A5090

2019-A7138 (ACTIVE) - Summary

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

2019-A7138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7138
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 Introduced by M. of A. BENEDETTO, ROZIC -- read once and referred to the
   Committee on Codes
 
 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:
 § 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.
   § 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.
              

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