NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1334
SPONSOR: Rozic TITLE OF BILL:
An act to amend the penal law, in relation to criminal mischief and
larceny offenses committed at a place of religious worship and to ceme-
tery desecration
PURPOSE:
The purpose of this bill is two-fold. First, to enhance the criminal
penalties for damaging property in any house of worship and to heighten
the criminal penalties for stealing or damaging religious objects from
within a house of worship or its curtilage. Second, to add a heightened
criminal penalty for desecrating a cemetery with the intent to steal
property within such cemetery or incur damage of property that is valued
over $2,000.
SUMMARY OF PROVISIONS:
Section I of the bill adds a new Penal Law section 145.05(3) that
relates to criminal mischief in the 3rd Degree. This provision makes it
the crime of criminal mischief in the 3rd degree if anyone damages any
property, regardless of its nature or value, in any building, structure,
or upon the curtilage of such building that is used as a place of reli-
gious worship. This type of criminal mischief is a class E felony. Under
current law, the property must have a value exceeding $250 or a similar
crime had been committed previously by the same person.
Section II of the bill amends Penal Law section 145.10 that relates to
criminal mischief in the 2nd Degree. This provision makes it a crime of
criminal mischief in the 2nd Degree if any damage occurs specifically to
a scroll, religious vestment, vessel, an item comprising of a display or
a religious symbol, or any other item kept or used in connection with
religious worship in any building, structure, or upon the curtilage of
such building that is used as a place of worship, regardless of the
value of such property. Under current law, such property must have a
value of $1,500 or more to be convicted of this crime. While under this
bill, any specifically articulated religious items damages would trigger
this crime. This type of crime is a class D Felony.
Section III of the bill amends Penal Law section 155.30(9) that relates
to grand larceny in the fourth degree. Violation of this section of the
Penal Law is a class E Felony. Under current law, this section is
violated if specific religious property such as a scroll, religious
vestment, vessel or other item is stolen and such item has a value of
$100 or more and it is used in connection with religious worship. Under
the provisions of this bill, any property taken from a structure or
building used for religious worship, regardless of the property's value
or what the property is, is considered to be a violation of Penal Law
section 155.30.
Section IV of the bill amends Penal Law section 155.35 that relates to
grand larceny in the 3rd Degree. Under this bill, certain specified
religious property such as a scroll, religious vestment, vessel or other
religious items that is stolen from a house of worship, regardless of
its value, shall be a class D felony. Currently, under this section of
law, the property must have a value in excess of $3,000.
Section V of the bill amends Penal Law section 155.40(2) that relates to
grand larceny in the 2nd degree. This provision heightens the penalty
for the theft of specific religious items in a house of worship such as
a scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used in
connection with religious worship in any house of worship. Violation of
this crime is a class C felony. Under current law, the value of such
property must be more than $50,000 or such property was obtained my
means such as extortion.
Section VI amends Penal Law section 60.29 to include conforming changes
that make reference to the new crime categories created under this bill.
Section VII of the bill amends Penal Law section 65.10 to allow a court
to impose on those who violate Penal Law Article 145 a community service
requirement to be served at a desecrated cemetery to help compensate for
their property losses as a condition for probation or conditional
release.
Section VIII of the bill amends Penal Law section 155.30(9) that relates
to grand larceny in the fourth degree. Violation of this section of the
Penal Law is a class E Felony. Under current law, this section is
violated if specific religious property such as a scroll, religious
vestment, vessel or other item is stolen and such item has a value of
$100 or more and it is used in connection with religious worship. Under
the provisions of this bill, any property taken from structure or build-
ing used for religious worship, regardless of the property's value or
what the property is, is considered to be a violation of Penal Law
section 155.30.
Section IX of the bill amends Penal Law section 155.35 that relates to
grand larceny in the 3rd Degree. Under this bill, certain specified
religious property such as a scroll, religious vestment, vessel or other
religious items that is stolen from a house of worship, regardless of
its value, shall be a class D felony. Currently, under this section of
law, the property must have a value in excess of $3,000.
Section X of the bill amends Penal Law section 155.40(2) that relates to
grand larceny in the 2nd degree. This provision heightens the penalty
for the theft of specific religious items in a house of worship such as
a scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used in
connection with religious worship in any house of worship. Violation of
this crime is a class C felony. Under current law, the value of such
property must be more than $50,000 or such property was obtained my
means such as extortion.
Section XI of the bill sets forth the effective date.
JUSTIFICATION:
It is important for us, as a society, to impose the appropriate criminal
sanctions for those persons who willfully enter into a house of worship
to either destroy any property in such building or structure that serves
as a house of worship. Further, for those that enter into a house of
worship to steal any items, especially religious items, the criminal
penalties for such acts need to be enhanced.
Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general convenience
so that members of their community or the public at large may enter into
a house of worship to reflect or to pray. with all of our busy sched-
ules, it is important that such houses of worship can remain open at
convenient times during the week so that we may all have the ability to
enter into such houses to reflect and to pray.
Recently, there has been a series of violations of houses of worship
throughout New York City and the theft of sacred religious property and
other types of damage to such houses of God. It is important for us, as
a society, to protect religious houses so that they may remain open for
all of us to use. Further, such places must be protected from acts of
violence, or the destruction of their property, especially sacred reli-
gious property. Much of this property has not only religious signif-
icance, which merits its enhanced protection, but historical and
cultural significance. Further, much of these religious items are irre-
placeable. These religious places of worship must be protected for the
benefit of our communities and so that they may be used by future gener-
ations.
LEGISLATIVE HISTORY:
2016: A10388 (Rozic) - Codes
2015: A06074 (Kaminsky) - Codes
2014: A03514A (Rozic) - Codes
2013: A03514A (Rozic) - Codes
2012: A09288 (Lancman) - Codes
2013: A03514A (Rozic) - Codes
2014: A03514A (Rozic) - Codes
FISCAL IMPACT TO THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become law.
