NY State Senate Bill 2019-S502A

Senate Bill S502A

2019-2020 Legislative Session

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 05, 2019	print number 502a
Jun 05, 2019	amend and recommit to codes
Jan 09, 2019	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S502 - Details

See Assembly Version of this Bill:: A3550
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6338, A9288
2013-2014: S2368, A3514
2015-2016: S1104, A6074, A248, A10388
2017-2018: S1786, A1334
2021-2022: S394, A701
2023-2024: A1215
2025-2026: A3073

2019-S502 - Summary

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

2019-S502 - Sponsor Memo

                                
 
BILL NUMBER: S502

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this bill is two-fold. First, to enhance the criminal
penalties for damaging property in any house of worship and to heighten
the criminal penalties for stealing or damaging religious objects from
within a house of worship or its curtilage. Second, to add a heightened
criminal penalty for desecrating a cemetery with the intent to steal
property within such cemetery or incur damage of property that is valued
over $2,000.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Penal Law section 145.05(3) that relates to crimi-
nal mischief in the 3rd Degree. This provision makes it the crime of

criminal mischief in the 3rd degree if anyone damages any property,
regardless of its nature or value, in any building, structure, or upon
the curtilage of such building that is used as a place of religious
worship. This type of criminal mischief is a class E felony. Under
current law, the property must have a value exceeding $250 or a similar
crime had been committed previously by the same person.

Section 2: Amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of criminal
mischief in the 2nd Degree if any damage occurs specifically to a
scroll, religious vestment, vessel, an item comprising of a display or a
religious symbol, or any other item kept or used in connection with
religious worship in any building, structure, or upon the cuitiage of
such building that is used as a place of worship, regardless of the
value of such property. Under current law, such property must have a
value of $1,500 or more to be convicted of this crime. While under this
bill, any specifically articulated religious items damaged would trigger
this crime. This type of crime is a class D Felony.

Section 3: Amends Penal Law section 145.22 to redesignate the crime of
cemetery desecration in the second degree to become cemetery desecration
in the third degree. In addition, it makes this statute more specific as
to the kinds of property that is included within the purview of this
statute. Cemetery desecration in the third degree is a class A misdemea-
nor.

Section 4: Amends Penal Law section 145.23 to redesignate the crime of
cemetery desecration in the first degree to become cemetery desecration
in the second degree. In addition, it makes this statute more specific
as to the kinds of property that is included within the purview of this
statute. under current law and this bill, this provision relates to
damaged or stolen property within a cemetery that is valued at above
$250. Cemetery desecration in the second degree is a E Felony.

Section 5: Adds a new Penal Law section 145.24 entitled Cemetery dese-
cration in the first degree. Under this new crime, cemetery property or
property located within a cemetery valued at more than $2,000 that is

damaged or stolen by a perpetrator will be punishable as a class D Felo-
ny.

Section 6: Amends Penal Law section 60.29 to include conforming changes
that make reference to the new crime categories created under this bill.

Section 7: Amends Penal Law section 65.10 to allow a court to impose on
those who violate Penal Law Article 145 a community service requirement
to be served at a desecrated cemetery to help compensate for their prop-
erty losses as a condition for probation or conditional release.

Section 8: Amends Penal Law section 155.30(9) that relates to grand
larceny in the fourth degree. Violation of this section of the Penal Law
is a class E Felony. Under current law, this section is violated if
specific religious property such as a scroll, religious vestment, vessel
or other item is stolen and such item has a value of $100 or more and it
is used in connection with religious worship. Under the Provisions of
this bill, any property taken from structure or building used for reli-
gious worship, regardless of the property's value or what the property
is, is considered to be a violation of Penal Law section 155.30.

Section 9: Amends Penal Law section 155.35 that relates to grand larceny
in the 3rd Degree. Under this bill, certain specified religious property
such as a scroll, religious vestment, vessel or other religious items
that is stolen from a house of worship, regardless of its value, shall
be a class D felony. Currently, under this section of law, the property
must have a value in excess of $3,000.

Section 10: Amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty for the
theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used in
connection with religious worship in any house of worship.  Violation of
this crime is a class C felony. Under current law, the value of such
Property must be more than $50,000 or such property was obtained my
means such as extortion.

Section 11: Effective Date.

 
JUSTIFICATION:

It is important for us, as a society, to impose the appropriate criminal
sanctions for those persons who: a) willfully enter into a house of
worship to either destroy any property in such building or structure
that serves as a house of worship or, b)to desecrate a cemetery by
either destroying property located within such cemetery or stealing
property for the perpetrator's own profit. Further, for those that enter
into a house of worship or a cemetery to steal any items, especially
religious items, the criminal penalties for such acts need to be
enhanced.

Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general convenience
so that members of their community or the public at large may enter into
a house of worship to reflect or to pray. With all of our busy sched-
ules, it is important that such houses of worship can remain open at

convenient times during the week so that we may all have the ability to
enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship in
the Bronx and the theft of sacred religious property and other types of
damage to such houses of God. It is important for us, as a society, to
protect religious houses so that they may remain open for all of us to
use. Further, such places must be protected from acts of violence, or
the destruction of their property, especially sacred religious property.
Much of this property has not only religious significance, which merits
its enhanced protection, but historical and cultural significance.
Further, much of these religious items are irreplaceable. These reli-
gious places of worship must be protected for the benefit of our commu-
nities and so that they may be used by, future generations.

This bill also enhances the penalties for those who damage cemetery
property, steal such property for the perpetrator's own profit, or have
been convicted of repeated property crime offenses against cemeteries.
With the increasing value of scrap metals such as brass, copper, bronze
and iron, there has been an increasing number thefts of valuable metals
from such cemeteries. Items such as plaques, vases, flag holders, badg-
es, shields and other metal items within a cemetery have been subject to
a heightened number of thefts in recent years.

Under current law, the monetary threshold for the crimes of cemetery
desecration are relatively low since the general public views theft or
damage of property within such burial places as a more serious event.
However, for those who steal or illegally remove valuable metals and
other property from such cemeteries for profit, the penalty is the same
whether $250 of property has been stolen or $100,000 worth of such memo-
rials, metals, and other property. This bill heightens the criminal
sanctions for those who are entering into cemeteries to steal valuable
metals and other items for profit.

 
LEGISLATIVE HISTORY:

2017-2018: S.1786- Passed Senate in 2017
2015-2016: S. 1104 - Passed Senate
2014 - S.2368-Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become law.

2019-S502 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    502
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 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.
                                                            LBD00991-01-9

 S. 502                              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.
   § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
 laws of 2007, is amended to read as follows:
 § 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.
   § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
 laws of 2007, is amended to read as follows:
 § 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. 502                              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.
   § 5. The penal law is amended by adding a new section 145.24  to  read
 as follows:
 § 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.
   § 6. 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 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. 502                              4
 
   § 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;
   §  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.
   § 9. Section 155.35 of the penal law, as amended by chapter 464 of the
 laws of 2010, is amended to read as follows:
 § 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. 502                              5

   Grand larceny in the third degree is a class D felony.
   §  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.
   § 11. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.

co-Sponsors

2019-S502A (ACTIVE) - Details

See Assembly Version of this Bill:: A3550
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6338, A9288
2013-2014: S2368, A3514
2015-2016: S1104, A6074, A248, A10388
2017-2018: S1786, A1334
2021-2022: S394, A701
2023-2024: A1215
2025-2026: A3073

2019-S502A (ACTIVE) - Summary

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

2019-S502A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S502A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE:

The purpose of this bill is two-fold. First, to enhance the criminal
penalties for damaging property in any house of worship or religious
museum and to heighten the criminal penalties for stealing or damaging
religious objects from within a house of worship or its curtilage.
Second, to add a heightened criminal penalty for desecrating a cemetery
with the intent to steal property within such cemetery or incur damage
of property that is valued over $2,000.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Penal Law section 145.05(3) that relates to crimi-
nal mischief in the 3rd Degree. This provision makes it the crime of

criminal mischief in the 3rd degree if anyone damages any property,
regardless of its nature or value, in any building, structure, or upon
the curtilage of such building that is used as a place of religious
worship or a religious museum. This type of criminal mischief is a class
E felony. Under current law, the property must have a value exceeding
$250 or a similar crime had been committed previously by the same
person.

Section 2: Amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of criminal
mischief in the 2nd Degree if any damage occurs specifically to a
scroll, religious vestment, vessel, an item comprising of a display or a
religious symbol, or any other item kept or used in connection with
religious worship in any building, structure, or upon the cuitiage of
such building that is used as a place of worship, regardless of the
value of such property. Under current law, such property must have a
value of $1,500 or more to be convicted of this crime. While under this
bill, any specifically articulated religious items damaged would trigger
this crime. This type of crime is a class D Felony.

Section 3: Amends Penal Law section 145.22 to redesignate the crime of
cemetery desecration in the second degree to become cemetery desecration
in the third degree. In addition, it makes this statute more specific as
to the kinds of property that is included within the purview of this
statute. Cemetery desecration in the third degree is a class A misdemea-
nor.

Section 4: Amends Penal Law section 145.23 to redesignate the crime of
cemetery desecration in the first degree to become cemetery desecration
in the second degree. In addition, it makes this statute more specific
as to the kinds of property that is included within the purview of this
Statute under current law and this bill, this provision relates to
damaged or stolen property within a cemetery that is valued at above
$250. Cemetery desecration in the second degree is a E Felony.

Section 5: Adds a new Penal Law section 145.24 entitled Cemetery dese-
cration in the first degree. Under this new crime, cemetery property or
property located within a cemetery valued at more than $2,000 that is
damaged or stolen by a perpetrator will be punishable as a class D Felo-
ny.

Section 6: Amends Penal Law section 60.29 to include conforming changes
that make reference to the new crime categories created under this bill.

Section 7: Amends Penal Law section 65.10 to allow a court to impose on
those who violate Penal Law Article 145 a community service requirement
to be served at a desecrated cemetery to help compensate for their prop-
erty losses as a condition for probation or conditional release.

Section 8: Amends Penal Law section 155.30(9) that relates to grand
larceny in the fourth degree. Violation of this section of the Penal Law
is a class E Felony. Under current law, this section is violated if
specific religious property such as a scroll, religious vestment, vessel
or other item is stolen and such item has a value of $100 or more and it
is used in connection with religious worship.  Under the Provisions of
this bill, any property taken from structure or building used for reli-
gious worship, regardless of the property's value or what the property
is, is considered to be a violation of Penal Law section 155.30.

Section 9: Amends Penal Law section 155.35 that relates to grand larceny
in the 3rd Degree. Under this bill, certain specified religious property
such as a scroll, religious vestment, vessel or other religious items
that is stolen from a house of worship, regardless of its value, shall
be a class D felony. Currently, under this section of law, the property
must have a value in excess of $3,000.

Section 10: Amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty for the
theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used in
connection with religious worship in any house of worship. Violation of
this crime is a class C felony. Under current law, the value of such
Property must be more than $50,000 or such property was obtained my
means such as extortion.

Section 11: Effective Date.

 
JUSTIFICATION:

It is important for us, as a society, to impose the appropriate criminal
sanctions for those persons who: a) willfully enter into a house of
worship to either destroy any property in such building or structure
that serves as a house of worship or, b)to desecrate a cemetery by
either destroying property located within such cemetery or stealing
property for the perpetrator's own profit. Further, for those that enter
into a house of worship or a cemetery to steal any items, especially
religious items, the criminal penalties for such acts need to be
enhanced.

Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general convenience
so that members of their community or the public at large may enter into
a house of worship to reflect or to pray. With all of our busy sched-
ules, it is important that such houses of worship can remain open at

convenient times during the week so that we may all have the ability to
enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship in
the Bronx and the theft of sacred religious property and other types of
damage to such houses of God. It is important for us, as a society, to
protect religious houses so that they may remain open for all of us to
use. Further, such places must be protected from acts of violence, or
the destruction of their property, especially sacred religious property.
Much of this property has not only religious significance, which merits
its enhanced protection, but historical and cultural significance.
Further, much of these religious items are irreplaceable. These reli-
gious places of worship must be protected for the benefit of our commu-
nities and so that they may be used by, future generations.

This bill also enhances the penalties for those who damage cemetery
property, steal such property for the perpetrator's own profit, or have
been convicted of repeated property crime offenses against cemeteries.
With the increasing value of scrap metals such as brass, copper, bronze
and iron, there has been an increasing number thefts of valuable metals
from such cemeteries. Items such as plaques, vases, flag holders, badg-
es, shields and other metal items within a cemetery have been subject to
a heightened number of thefts in recent years.

Under current law, the monetary threshold for the crimes of cemetery
desecration are relatively low since the general public views theft or
damage of property within such burial places as a more serious event.
However, for those who steal or illegally remove valuable metals and
other property from such cemeteries for profit, the penalty is the same
whether $250 of property has been stolen or $100,000 worth of such memo-
rials, metals, and other property. This bill heightens the criminal
sanctions for those who are entering into cemeteries to steal valuable
metals and other items for profit.

 
LEGISLATIVE HISTORY:

2017-2018: 5.1786- Passed Senate in 2017
2015-2016: S. 1104 - Passed Senate
2014 - 5.2368-Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become law.

2019-S502A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  502--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. KAMINSKY, ADDABBO, KAPLAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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,
 OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS RELIGIOUS IN NATURE.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00991-04-9

 S. 502--A                           2
 
 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
 WORSHIP  BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
 CORPORATIONS LAW OR THE EDUCATION LAW, OR USED AS A MUSEUM WHOSE CENTRAL
 PURPOSE IS RELIGIOUS IN NATURE.
   Criminal mischief in the second degree is a class D felony.
   § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
 laws of 2007, is amended to read as follows:
 § 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.
   § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
 laws of 2007, is amended to read as follows:
 § 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,

 S. 502--A                           3
 
 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
 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.
   § 5. The penal law is amended by adding a new section 145.24  to  read
 as follows:
 § 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.
   § 6. 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 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

 S. 502--A                           4
 
 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.
   § 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;
   § 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.
   § 9. Section 155.35 of the penal law, as amended by chapter 464 of the
 laws of 2010, is amended to read as follows:
 § 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

 S. 502--A                           5

 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, OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS
 RELIGIOUS IN NATURE.
   Grand larceny in the third degree is a class D felony.
   §  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,
 OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS RELIGIOUS IN NATURE.
   §  11.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.

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Senate Bill S502A

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

Anna M. Kaplan

2019-S502 - Details

2019-S502 - Summary

2019-S502 - Sponsor Memo

2019-S502 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Anna M. Kaplan

2019-S502A (ACTIVE) - Details

2019-S502A (ACTIVE) - Summary

2019-S502A (ACTIVE) - Sponsor Memo

2019-S502A (ACTIVE) - Bill Text download pdf

Comments