S02368 Summary:

BILL NO    S02368B

SAME AS    SAME AS A03514-A

SPONSOR    KLEIN

COSPNSR    ADDABBO, DIAZ, FELDER, GOLDEN, MARCELLINO, MAZIARZ, RANZENHOFER,
           STAVISKY

MLTSPNSR   

Amd Pen L, generally

Enhances criminal penalties for criminal mischief and larceny offenses
committed at a place of religious worship and for cemetery desecration.
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S02368 Actions:

BILL NO    S02368B

01/16/2013 REFERRED TO CODES
02/25/2013 AMEND (T) AND RECOMMIT TO CODES
02/25/2013 PRINT NUMBER 2368A
04/05/2013 AMEND AND RECOMMIT TO CODES
04/05/2013 PRINT NUMBER 2368B
05/08/2013 1ST REPORT CAL.604
05/20/2013 2ND REPORT CAL.
05/21/2013 ADVANCED TO THIRD READING 
05/22/2013 PASSED SENATE
05/22/2013 DELIVERED TO ASSEMBLY
05/22/2013 referred to codes
01/08/2014 died in assembly
01/08/2014 returned to senate
01/08/2014 REFERRED TO CODES
03/25/2014 1ST REPORT CAL.357
03/26/2014 2ND REPORT CAL.
03/27/2014 ADVANCED TO THIRD READING 
04/28/2014 PASSED SENATE
04/28/2014 DELIVERED TO ASSEMBLY
04/28/2014 referred to codes
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S02368 Votes:

There are no votes for this bill in this legislative session.
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S02368 Memo:

Memo not available
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S02368 Text:

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

                                        2368--B

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 16, 2013
                                      ___________

       Introduced  by  Sens.  KLEIN, ADDABBO, DIAZ, FELDER, GOLDEN, MARCELLINO,
         MAZIARZ, RANZENHOFER, STAVISKY -- read twice and ordered printed,  and
         when  printed  to  be committed to the Committee on Codes -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN  ACT  to  amend  the  penal law, in relation to criminal mischief and
         larceny offenses committed at a place  of  religious  worship  and  to
         cemetery desecration

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

    1    Section 1. Subdivision 2 of  section  145.05  of  the  penal  law,  as
    2  amended  by chapter 276 of the laws of 2003, is amended and a new subdi-
    3  vision 3 is added to read as follows:
    4    2. damages property of another  person  in  an  amount  exceeding  two
    5  hundred fifty dollars[.]; OR
    6    3.  DAMAGES  PROPERTY  WHICH, REGARDLESS OF ITS NATURE OR VALUE, IS IN
    7  ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
    8  TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
    9  INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
   10    S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
   11  laws of 1971, is amended to read as follows:
   12  S 145.10 Criminal mischief in the second degree.
   13    A person is guilty of criminal mischief in the second degree when with
   14  intent to damage property of another person, and having no right  to  do
   15  so  nor  any reasonable ground to believe that he OR SHE has such right,
   16  he OR SHE:
   17    1. damages property of another person in an amount exceeding one thou-
   18  sand five hundred dollars[.]; OR
   19    2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS  VESTMENT,
   20  A  VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05108-06-3
       S. 2368--B                          2

    1  A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR  USED  IN
    2  CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
    3  CURTILAGE  OF  SUCH  BUILDING  OR STRUCTURE USED AS A PLACE OF RELIGIOUS
    4  WORSHIP  BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
    5  CORPORATIONS LAW OR THE EDUCATION LAW.
    6    Criminal mischief in the second degree is a class D felony.
    7    S 3. Section 145.22 of the penal law, as amended by chapter 353 of the
    8  laws of 2007, is amended to read as follows:
    9  S 145.22 Cemetery desecration in the [second] THIRD degree.
   10    A person is guilty of  cemetery  desecration  in  the  [second]  THIRD
   11  degree  when:    (a) with intent to damage property of another person[,]
   12  and having no right to do so nor any reasonable ground to  believe  that
   13  he OR SHE has such right, he OR SHE damages any real or personal proper-
   14  ty  USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
   15  grave, burial place, CRYPT, VAULT or other place of interment OR  TEMPO-
   16  RARY  STORAGE  of  human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
   17  MENT, HEADSTONE, MARKER, PLAQUE, STATUE,  VASE,  URN,  DECORATION,  FLAG
   18  HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
   19  OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
   20  LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
   21  MENT OR TEMPORARY STORAGE; or
   22    (b) with intent to steal personal property, he OR SHE steals  personal
   23  property  which  is  located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,
   24  plot, grave, burial place, CRYPT, VAULT or other place of  interment  OR
   25  TEMPORARY  STORAGE  of  human  remains OR CREMATED HUMAN REMAINS, OR ANY
   26  MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
   27  HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
   28  OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
   29  LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
   30  MENT  OR TEMPORARY STORAGE, and which property is owned by the person or
   31  organization which maintains or owns such place or the estate,  next-of-
   32  kin or representatives of the deceased person interred OR STORED there.
   33    Cemetery  desecration in the [second] THIRD degree is a class A misde-
   34  meanor.
   35    S 4. Section 145.23 of the penal law, as amended by chapter 353 of the
   36  laws of 2007, is amended to read as follows:
   37  S 145.23 Cemetery desecration in the [first] SECOND degree.
   38    A person is guilty of  cemetery  desecration  in  the  [first]  SECOND
   39  degree  when,  with  intent  to damage property of another person[,] and
   40  having no right to do so nor any reasonable ground to believe that he OR
   41  SHE has such right, he OR SHE:
   42    (a) damages any real or personal property  USED  OR  maintained  as  a
   43  cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
   44  VAULT  or other place of interment OR TEMPORARY STORAGE of human remains
   45  OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,  MARKER,  PLAQUE,
   46  STATUE,  VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
   47  IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY  SUCH
   48  CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
   49  VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount
   50  exceeding two hundred fifty dollars; or
   51    (b) with intent to steal personal property, he OR SHE steals  personal
   52  property, the value of which exceeds two hundred fifty dollars, which is
   53  located  at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial
   54  place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE  of
   55  human  remains  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
   56  MARKER, PLAQUE, STATUE, VASE, URN, DECORATION,  FLAG  HOLDER,  OR  OTHER
       S. 2368--B                          3

    1  EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
    2  ATED  WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,
    3  BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTERMENT  OR  TEMPORARY
    4  STORAGE, and which property is owned by the person or organization which
    5  maintains  or  owns  such  place or the estate, next-of-kin or represen-
    6  tatives of the deceased person interred there; or
    7    (c) commits the crime of cemetery desecration in  the  [second]  THIRD
    8  degree  as defined in section 145.22 of this article and has been previ-
    9  ously convicted of the crime of cemetery  desecration  in  the  [second]
   10  THIRD  degree,  CEMETERY  DESECRATION  IN  THE SECOND DEGREE, AGGRAVATED
   11  CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED  CEMETERY  DESE-
   12  CRATION IN THE FIRST DEGREE within the preceding five years.
   13    Cemetery desecration in the [first] SECOND degree is a class E felony.
   14    S  5.  The penal law is amended by adding a new section 145.24 to read
   15  as follows:
   16  S 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
   17    A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST  DEGREE  WHEN,
   18  WITH  INTENT TO DAMAGE PROPERTY OF ANOTHER PERSON AND HAVING NO RIGHT TO
   19  DO SO NOR ANY REASONABLE GROUND TO BELIEVE  THAT  HE  OR  SHE  HAS  SUCH
   20  RIGHT, HE OR SHE:
   21    (A)  DAMAGES  ANY  REAL  OR  PERSONAL PROPERTY USED OR MAINTAINED AS A
   22  CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
   23  VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN  REMAINS
   24  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
   25  STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT  THAT
   26  IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
   27  CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
   28  VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  IN  AN  AMOUNT
   29  EXCEEDING TWO THOUSAND DOLLARS; OR
   30    (B)  WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS PERSONAL
   31  PROPERTY, THE VALUE OF WHICH EXCEEDS  TWO  THOUSAND  DOLLARS,  WHICH  IS
   32  LOCATED  AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL
   33  PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE  OF
   34  HUMAN  REMAINS  OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
   35  MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR
   36  OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS  OTHERWISE
   37  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,
   38  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
   39  RARY STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR  ORGANIZATION
   40  WHICH  MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR REPRE-
   41  SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR
   42    (C) COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE  AS
   43  DEFINED  IN  SECTION  145.23  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
   44  CONVICTED OF THE CRIME OF CEMETERY  DESECRATION  IN  THE  THIRD  DEGREE,
   45  CEMETERY  DESECRATION  IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE
   46  FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE  SECOND  DEGREE  OR
   47  AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
   48    CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
   49    S  6.  Section  60.29 of the penal law, as added by chapter 165 of the
   50  laws of 1997, is amended to read as follows:
   51  S 60.29 Authorized disposition; cemetery desecration.
   52    When a person is convicted of an offense  defined  in  section  145.22
   53  [or],  145.23, OR 145.24 of this chapter or of an attempt to commit such
   54  an offense, and the sentence imposed by the court  for  such  conviction
   55  includes a sentence of probation or conditional discharge, such sentence
   56  shall,  where appropriate, be in accordance with paragraph (h) of subdi-
       S. 2368--B                          4

    1  vision two of section 65.10 of this  [article]  TITLE  as  such  section
    2  relates to cemetery crime.
    3    S 7. 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  USED  OR  maintained  as  a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
   13  grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
   14  RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
   15  MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
   16  HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
   17  OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
   18  LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
   19  MENT  OR  TEMPORARY STORAGE.  Provided, however, that the performance of
   20  any such services shall not result in the displacement of employed work-
   21  ers or in the impairment of existing contracts for services,  nor  shall
   22  the  performance  of  any  such services be required or permitted in any
   23  establishment involved in any labor strike or lockout.   The  court  may
   24  establish  provisions  for  the  early  termination  of  a  sentence  of
   25  probation or conditional discharge pursuant to the provisions of  subdi-
   26  vision  three of section 410.90 of the criminal procedure law after such
   27  services have been completed. Such sentence may  only  be  imposed  upon
   28  conviction of a misdemeanor, violation, or class D or class E felony, or
   29  a  youthful  offender  finding  replacing any such conviction, where the
   30  defendant has consented to the amount and conditions of such service;
   31    S 8. Subdivision 9 of section 155.30 of the penal law, as  amended  by
   32  chapter 479 of the laws of 2010, is amended to read as follows:
   33    9.  The  property [consists of a scroll, religious vestment, a vessel,
   34  an item comprising a display of religious symbols which forms  a  repre-
   35  sentative  expression  of faith, or other miscellaneous item of property
   36  which:
   37    (a) has a value of at least one hundred dollars; and
   38    (b) is kept for or used in  connection  with  religious  worship  in],
   39  REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
   40  or  upon  the curtilage of such building or structure used as a place of
   41  religious worship by a religious corporation, as incorporated under  the
   42  religious corporations law or the education law.
   43    S 9. Section 155.35 of the penal law, as amended by chapter 464 of the
   44  laws of 2010, is amended to read as follows:
   45  S 155.35 Grand larceny in the third degree.
   46    A person is guilty of grand larceny in the third degree when he or she
   47  steals property and:
   48    1.  when  the value of the property exceeds three thousand dollars[,];
   49  or
   50    2. the property is an automated teller machine or the contents  of  an
   51  automated teller machine[.]; OR
   52    3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
   53  AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
   54  TATIVE  EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION
   55  WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE  CURTILAGE
   56  OF  SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A
       S. 2368--B                          5

    1  RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS  CORPORATIONS
    2  LAW OR THE EDUCATION LAW.
    3    Grand larceny in the third degree is a class D felony.
    4    S  10. Subdivision 2 of section 155.40 of the penal law, as amended by
    5  chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
    6  added to read as follows:
    7    2.  The  property,  regardless of its nature and value, is obtained by
    8  extortion committed by instilling in the victim a fear that the actor or
    9  another person will (a) cause physical injury  to  some  person  in  the
   10  future,  or  (b) cause damage to property, or (c) use or abuse his posi-
   11  tion as a public servant by engaging in conduct within or related to his
   12  official duties, or by failing or refusing to perform an official  duty,
   13  in such manner as to affect some person adversely[.]; OR
   14    3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
   15  AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS  A  REPRE-
   16  SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
   17    (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
   18    (B)  IS  KEPT  FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
   19  BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR  STRUCTURE
   20  USED  AS  A  PLACE  OF  RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
   21  INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
   22    S 11. This act shall  take  effect  on  the  first  of  November  next
   23  succeeding the date on which it shall have become a law.
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