senate Bill S345

2019-2020 Legislative Session

Relates to cemetery desecration; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to codes

S345 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.24, rpld §145.22, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2686
2011-2012: S473
2013-2014: S3307
2015-2016: S3806
2017-2018: S1109

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

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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