S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6986

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 18, 2009
                                      ___________

       Introduced by M. of A. SALADINO -- read once and referred to the Commit-
         tee on Codes

       AN ACT to amend the penal law, in relation to the imposition of communi-
         ty service for the crime of making graffiti and possession of graffiti
         instruments

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The penal law is amended by adding a new section  60.31  to
    2  read as follows:
    3  S 60.31 AUTHORIZED DISPOSITION, MAKING GRAFFITI AND POSSESSION OF GRAFF-
    4            ITI INSTRUMENTS.
    5    WHEN  A  PERSON  YOUNGER  THAN  EIGHTEEN  YEARS OF AGE IS CONVICTED OF
    6  MAKING GRAFFITI PURSUANT TO SECTION 145.60, OR  POSSESSION  OF  GRAFFITI
    7  INSTRUMENTS,  PURSUANT  TO  SECTION 145.65, AND THE SENTENCE IMPOSED FOR
    8  SUCH CONVICTION INCLUDES COMMUNITY SERVICE OR SERVICES  FOR  THE  PUBLIC
    9  GOOD,  SUCH  SENTENCE  SHALL  REQUIRE THAT A PARENT OR LEGAL GUARDIAN OF
   10  SUCH PERSON BE PRESENT AND IN ATTENDANCE WHILE SUCH PERSON PERFORMS SUCH
   11  COMMUNITY SERVICE.
   12    S 2. This act shall take effect on the first of November next succeed-
   13  ing the date on which it shall have become a law.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07862-01-9