S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8618
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M. of A. NOVAKHOV, E. BROWN, BROOK-KRASNY, NORBER, CHANG
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to prohibiting a person from defacing or damaging a fine art
   or historical monument

   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 145.80 to
 read as follows:
 § 145.80 DEFACEMENT OR DAMAGE OF FINE ART OR HISTORICAL MONUMENTS.
   1. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "HISTORICAL  MONUMENT"
 SHALL  MEAN  ANY  OBJECT,  SITE,  PLACE,  BUILDING  OR  ERECTION  HAVING
 CONNECTIONS WITH HISTORICAL EVENTS  OR  PERSONAGES,  INCLUDING  BUT  NOT
 LIMITED  TO  ANY STATUE, RELIC, ARTIFACT, TABLET, PLAQUE, WALL, BUILDING
 OR STRUCTURE.
   2. A PERSON IS GUILTY OF DEFACEMENT OR DAMAGE OF FINE ART  OR  HISTOR-
 ICAL  MONUMENTS  WHEN  WITH  INTENT  TO DAMAGE, DEFACE, DESTROY OR ALTER
 PROPERTY OF ANOTHER PERSON OR ENTITY, AND HAVING NO RIGHT TO DO  SO  NOR
 ANY  REASONABLE  GROUND  TO  BELIEVE  THAT SUCH PERSON HAS SUCH RIGHT, A
 PERSON DAMAGES, DEFACES, DESTROYS OR ALTERS ANY REAL OR PERSONAL PROPER-
 TY OF AN ARTISTIC OR HISTORICAL NATURE, INCLUDING BUT NOT LIMITED TO ANY
 WORK OF FINE ART AS DEFINED IN SUBDIVISION NINE OF SECTION 11.01 OF  THE
 ARTS  AND CULTURAL AFFAIRS LAW, OR ANY HISTORICAL MONUMENT AS DEFINED IN
 SUBDIVISION ONE OF THIS SECTION.
   DEFACEMENT OR DAMAGE OF FINE ART OR HISTORICAL MONUMENTS IS A CLASS  C
 FELONY.
   §  2. The penal law is amended by adding a new section 60.07-a to read
 as follows:
 § 60.07-A AUTHORIZED DISPOSITION; DEFACEMENT OR DAMAGE OF  FINE  ART  OR
             HISTORICAL MONUMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13174-01-5
 A. 8618                             2
              

 
   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, WHEN A
 COURT HAS FOUND THAT A PERSON HAS BEEN CONVICTED OF DEFACEMENT OR DAMAGE
 OF FINE ART OR HISTORICAL MONUMENTS AS DEFINED IN SECTION 145.80 OF THIS
 CHAPTER, THE SENTENCE OF IMPRISONMENT IMPOSED UPON CONVICTION  FOR  SUCH
 OFFENSE SHALL BE THE SENTENCE AUTHORIZED BY THE APPLICABLE PROVISIONS OF
 ARTICLE  SEVENTY  OF  THIS  CHAPTER, PROVIDED, HOWEVER, THAT THE MINIMUM
 TERM OF THE INDETERMINATE SENTENCE SHALL BE NOT LESS  THAN  THREE  YEARS
 NOR MORE THAN FIVE YEARS.
   §  3.  Subdivision  5  of section 60.27 of the penal law is amended by
 adding a new paragraph (d) to read as follows:
   (D) IF A PERSON IS CONVICTED OF VIOLATING SECTION 145.80 OF THIS CHAP-
 TER, THE COURT SHALL REQUIRE REPARATION UP TO THE FULL VALUE OF THE LOSS
 AS DETERMINED BY A QUALIFIED  PROFESSIONAL  APPRAISER  ACCREDITED  BY  A
 NATIONALLY RECOGNIZED APPRAISAL ACCREDITING ORGANIZATION.
   §  4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  DEFACEMENT  OR  DAMAGE  OF  FINE  ART  OR HISTORICAL MONUMENTS AS
 DEFINED IN SECTION 145.80 OF THE PENAL LAW.
   § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  paragraph (xxi) as added by section 4 of subpart C of part
 UU of chapter 56 of the laws of 2022, are amended and a new subparagraph
 (xxii) is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 A. 8618                             3
 
 to  an  identifiable  person  or  property,  provided, however, that the
 prosecutor must show reasonable cause  to  believe  that  the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her]  SUCH PRINCIPAL'S own recognizance or under
 appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) DEFACEMENT OR DAMAGE OF FINE ART  OR  HISTORICAL  MONUMENTS  AS
 DEFINED IN SECTION 145.80 OF THE PENAL LAW.
   §  6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  DEFACEMENT  OR  DAMAGE  OF  FINE  ART  OR HISTORICAL MONUMENTS AS
 DEFINED IN SECTION 145.80 OF THE PENAL LAW.
   § 7. This act shall take effect immediately.