A01520 Summary:

BILL NO    A01520 

SAME AS    No same as 

SPONSOR    Zebrowski (MS)

COSPNSR    Abbate, Hevesi, Schimminger, Lupardo, Galef, Rosenthal, Titone,
           Gunther, Schimel, Cusick

MLTSPNSR   Brennan, Hooper, Scarborough, Weisenberg

Add S145.24, amd SS60.29 & 65.10, Pen L

Provides certain criminal penalties for the desecration of a military monument;
makes the desecration of a military monument a class A misdemeanor; defines
military monument.
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A01520 Actions:

BILL NO    A01520 

01/09/2013 referred to codes
01/08/2014 referred to codes
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A01520 Text:

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

                                         1520

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. ZEBROWSKI, ABBATE, HEVESI, SCHIMMINGER, GABRYS-
         ZAK, LUPARDO, GALEF, ROSENTHAL, TITONE, GUNTHER,  SCHIMEL,  CUSICK  --
         Multi-Sponsored  by -- M. of A.  BRENNAN, HOOPER, MAISEL, SCARBOROUGH,
         WEISENBERG -- read once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to providing certain criminal
         penalties for damage to military monuments

         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 145.24 to
    2  read as follows:
    3  S 145.24 DESECRATION OF A MILITARY MONUMENT.
    4    A PERSON IS GUILTY OF DESECRATION OF A  MILITARY  MONUMENT  WHEN  WITH
    5  INTENT  TO DAMAGE PROPERTY, AND HAVING NO RIGHT TO DO SO NOR ANY REASON-
    6  ABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE  DAMAGES
    7  ANY  REAL  OR  PERSONAL  PROPERTY  MAINTAINED  AS A MILITARY MONUMENT. A
    8  "MILITARY MONUMENT", FOR THE PURPOSES OF THIS SECTION, IS  ANY  MONUMENT
    9  THAT  WAS ERECTED WITH THE INTENT TO HONOR A CURRENT OR FORMER MEMBER OR
   10  MEMBERS OF THE ARMED FORCES OR TO MARK OR COMMEMORATE  A  PAST  MILITARY
   11  ACTION OR BATTLE.
   12    DESECRATION OF A MILITARY MONUMENT IS A CLASS A MISDEMEANOR.
   13    S  2.  Section  60.29 of the penal law, as added by chapter 165 of the
   14  laws of 1997, is amended to read as follows:
   15  S 60.29 Authorized disposition;  cemetery  OR  MILITARY  MONUMENT  dese-
   16            cration.
   17    When  a  person  is  convicted of an offense defined in section 145.22
   18  [or], 145.23 OR 145.24 of this chapter or of an attempt to  commit  such
   19  an  offense,  and  the sentence imposed by the court for such conviction
   20  includes a sentence of probation or conditional discharge, such sentence
   21  shall, where appropriate, be in accordance with paragraph (h) of  subdi-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00390-01-3
       A. 1520                             2

    1  vision  two  of  section  65.10  of this [article] TITLE as such section
    2  relates to cemetery OR MILITARY MONUMENT crime.
    3    S 3. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
    4  as  amended  by  chapter  508 of the laws of 2001, is amended to read as
    5  follows:
    6    (h) Perform services for a public or not-for-profit corporation, asso-
    7  ciation, institution or agency, including but not  limited  to  services
    8  for the division of substance abuse services, services in an appropriate
    9  community program for removal of graffiti from public or private proper-
   10  ty,  including  any  property  damaged  in  the  underlying  offense, or
   11  services for the maintenance and repair of  real  or  personal  property
   12  maintained  as  a  cemetery  plot, grave, burial place or other place of
   13  interment of human remains OR A MILITARY MONUMENT.    Provided  however,
   14  that  the  performance  of  any  such  services  shall not result in the
   15  displacement of employed  workers  or  in  the  impairment  of  existing
   16  contracts  for  services, nor shall the performance of any such services
   17  be required or permitted in any  establishment  involved  in  any  labor
   18  strike  or  lockout.    The court may establish provisions for the early
   19  termination of a sentence of probation or conditional discharge pursuant
   20  to the provisions of subdivision three of section 410.90 of the criminal
   21  procedure law after such services have been completed. Such sentence may
   22  only be imposed upon conviction of a misdemeanor, violation, or class  D
   23  or  class  E  felony,  or a youthful offender finding replacing any such
   24  conviction, where the defendant has consented to the amount  and  condi-
   25  tions of such service;
   26    S 4. This act shall take effect on the first of November next succeed-
   27  ing the date on which it shall have become a law.
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