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Senate Bill S2114

2023-2024 Legislative Session

Relates to cemetery desecration; repealer

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S2114 (ACTIVE) - Details

See Assembly Version of this Bill:
A217
Current Committee:
Senate Rules
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, A7201
2015-2016: S3806, A5339
2017-2018: S1109, A6754
2019-2020: S345, A8727
2021-2022: S3691, A2507
2025-2026: S4821, A169

2023-S2114 (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.

2023-S2114 (ACTIVE) - Sponsor Memo

2023-S2114 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2114
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 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
                       [ ] is old law to be omitted.
                                                            LBD00128-01-3
 S. 2114                             2

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