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S03806 Summary:

BILL NO    S03806 

SAME AS    SAME AS A05339

SPONSOR    NOZZOLIO

COSPNSR    FUNKE

MLTSPNSR   

Amd S145.23, add S145.23, rpld S145.22, Pen L

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.
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S03806 Text:

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

                                         3806

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                   February 17, 2015
                                      ___________

       Introduced  by Sen. NOZZOLIO -- 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:

    1    Section 1. Section 145.23 of the penal law, as amended by chapter  353
    2  of the laws of 2007, is amended to read as follows:
    3  S [145.23] 145.22 Cemetery desecration in the [first] SECOND degree.
    4    A  person  is  guilty  of  cemetery  desecration in the [first] SECOND
    5  degree when with intent to damage property of another person, and having
    6  no right to do so nor any reasonable ground to believe that  he  OR  SHE
    7  has such right, he OR SHE:
    8    (a)  damages  any  real  or personal property maintained as a cemetery
    9  plot, grave, burial place or other place of interment of  human  remains
   10  [in an amount exceeding two hundred fifty dollars]; or
   11    (b)  with intent to steal personal property, he OR SHE steals personal
   12  property[, the value of which exceeds two hundred fifty dollars,]  which
   13  is  located  at  a  cemetery plot, grave, burial place or other place of
   14  interment of human remains and which property is owned by the person  or
   15  organization  which maintains or owns such place or the estate, next-of-
   16  kin or representatives of the deceased person interred there[; or
   17    (c) commits the crime of cemetery desecration in the second degree  as
   18  defined  in  section  145.22  of  this  article  and has been previously
   19  convicted of the crime of cemetery  desecration  in  the  second  degree
   20  within the preceding five years].
   21    Cemetery desecration in the [first] SECOND degree is a class E felony.
   22    S  2.  The penal law is amended by adding a new section 145.23 to read
   23  as follows:
   24  S 145.23 CEMETERY DESECRATION IN THE FIRST DEGREE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03105-01-5
       S. 3806                             2

    1    A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST DEGREE WHEN HE
    2  OR SHE COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE AS
    3  DEFINED IN SECTION 145.22  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
    4  CONVICTED  OF  THE  CRIME  OF  CEMETERY DESECRATION IN THE SECOND DEGREE
    5  WITHIN THE PRECEDING FIVE YEARS.
    6    CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
    7    S 3. Section 145.22 of the penal law is REPEALED.
    8    S 4. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.
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