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A00525 Summary:

A00525 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A525
 
SPONSOR: Gunther (MS)

 
TITLE OF BILL:  An act to amend the penal law, in relation to imposing
penalties for making graffiti in a manner to promote or encourage gang
related activities
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To toughen penalties for those convicted of making graffiti promoting a
gang or gang activity. This bill would increase gang-related graffiti
convictions from a class A misdemeanor to a class E felony.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This legislation amends the penal law to create two different criminal
degrees of making graffiti. "Making graffiti in the second degree", that
being any type of graffiti on any building public or private property
without the expressed permission of the owner or operator of the proper-
ty, would be a class A misdemeanor. "Making graffiti in the first
degree", which consists of the same behavior and acts as second degree
graffiti with the intent to promote or encourage gang-related activ-
ities, would be a class E felony.
 
 
JUSTIFICATION:
 
Gangs and gang-related activities have been a growing problem in all
comers of New York State. It is common to see gang-affiliated graffiti
on buildings and bridges and this legislation aims to curb this practice
by increasing the penalty for gang-affiliated graffiti from a class A
misdemeanor to a class E felony. This is not just about stopping the
defacing of public and private property but stopping the promotion of
these gangs, some of which have turned into ever-growing criminal enter-
prises.

 
PRIOR LEGISLATIVE HISTORY:
 
2015-16: A.1033 referred to Codes
2013-14: A.1502 referred to Codes
2011-12: A.1959 referred to Codes 2009-10: A.2451 referred to Codes
 
 
FISCAL IMPLICATIONS:  None.   
EFFECTIVE DATE:
This act shall take effect immediately.

A00525 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           525
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER, GALEF, SCHIMMINGER, ABBATE, HOOPER,
          RAIA, LUPINACCI, PALUMBO -- Multi-Sponsored by  --  M.  of  A.  FINCH,
          MAGEE,  McDONOUGH,  McKEVITT,  RIVERA, THIELE, TITONE -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation  to  imposing  penalties  for
          making  graffiti  in  a  manner  to  promote or encourage gang related
          activities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 145.60 of the penal law, as added by chapter 458 of
     2  the laws of 1992, is amended to read as follows:
     3  § 145.60 Making graffiti in the second degree.
     4    [1.]  For purposes of this section and section 145.62 of this article,
     5  the term "graffiti" shall mean the etching, painting, covering,  drawing
     6  upon or otherwise placing of a mark upon public or private property with
     7  intent to damage such property.
     8    [2. No person shall make] A person is guilty of making graffiti in the
     9  second degree when he or she makes graffiti of any type on any building,
    10  public  or  private, or any other property real or personal owned by any
    11  person, firm or corporation or any  public  agency  or  instrumentality,
    12  without  the express permission of the owner or operator of said proper-
    13  ty.
    14    Making graffiti in the second degree is a class A misdemeanor.
    15    § 2. The penal law is amended by adding a new section 145.62  to  read
    16  as follows:
    17  § 145.62 Making graffiti in the first degree.
    18    A  person  is  guilty of making graffiti in the first degree when such
    19  person damages property of another person in  the  manner  described  in
    20  section  145.60 of this article and he or she makes graffiti in a manner
    21  to promote or encourage gang related activities.
    22    Making graffiti in the first degree is a class E felony.
    23    § 3. This act shall take effect on the first of November next succeed-
    24  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.
                                                                   LBD02891-01-7