|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 09, 2019||referred to codes|
senate Bill S345
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S345 (ACTIVE) - Details
S345 (ACTIVE) - Summary
Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.
S345 (ACTIVE) - Sponsor Memo
BILL NUMBER: S345 SPONSOR: FELDER TITLE OF BILL: An act to amend the penal law, in relation to cemetery desecration; and to repeal certain provisions of such law relating ther- eto PURPOSE: This bill would reclassify the crime of cemetery desecration in the first degree as cemetery desecration in the second degree, and estab- lishes the new crime of cemetery desecration in the first degree, so as to include all property, regardless of value, under the crime of ceme- tery desecration. SUMMARY OF PROVISIONS: Section one of this bill would amend section 145.23 of the Penal Law to reclassify the crime of cemetery desecration in the first degree as cemetery desecration in the second degree, and would further amend such crime to include all property, regardless of value, located at a ceme-
S345 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 345 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sen. FELDER -- 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 cemetery desecration; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 maintained as a cemetery plot, grave, burial place or other place of interment of human remains [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 plot, grave, burial place or other place of interment of human remains 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 there[; or (c) commits the crime of cemetery desecration in the second degree as defined in section 145.22 of this article and has been previously convicted of the crime of cemetery desecration in the second degree within the preceding five years]. Cemetery desecration in the [first] SECOND degree is a class E felony. § 2. The penal law is amended by adding a new section 145.24 to read as follows: § 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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