STATE OF NEW YORK
________________________________________________________________________
83--A
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. KAMINSKY, GOUNARDES, KAPLAN -- 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
AN ACT to amend the penal law, in relation to bias-related graffiti, the
disposition of graffiti offenses, graffiti for the purpose of promot-
ing gang related activities and graffiti upon religious property
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 60.31 to
2 read as follows:
3 § 60.31 Authorized disposition; aggravated harassment in the first
4 degree.
5 When a person is convicted of aggravated harassment in the first
6 degree as defined in section 240.31 of this chapter, or of an attempt to
7 commit such an offense, or of a lesser included offense, in addition to
8 any other sentence imposed or as a condition of probation or conditional
9 discharge the court may order such person to participate in, at his or
10 her own expense, a diversity training program that is designed to over-
11 come discrimination, prejudice and intolerance, and that promotes commu-
12 nication, understanding and respect among diverse racial, religious and
13 ethnic groups.
14 § 2. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
15 as amended by chapter 508 of the laws of 2001, is amended to read as
16 follows:
17 (h) Perform services for a public or not-for-profit corporation, asso-
18 ciation, institution or agency, including but not limited to services
19 for the [division] office of alcoholism and substance abuse services,
20 [services in an appropriate community program for removal of graffiti
21 from public or private property, including any property damaged in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05549-02-9
S. 83--A 2
1 underlying offense,] or services for the maintenance and repair of real
2 or personal property maintained as a cemetery plot, grave, burial place
3 or other place of interment of human remains. Provided however, that the
4 performance of any such services shall not result in the displacement of
5 employed workers or in the impairment of existing contracts for
6 services, nor shall the performance of any such services be required or
7 permitted in any establishment involved in any labor strike or lockout.
8 The court may establish provisions for the early termination of a
9 sentence of probation or conditional discharge pursuant to the
10 provisions of subdivision three of section 410.90 of the criminal proce-
11 dure law after such services have been completed. Such sentence may only
12 be imposed upon conviction of a misdemeanor, violation, or class D or
13 class E felony, or a youthful offender finding replacing any such
14 conviction, where the defendant has consented to the amount and condi-
15 tions of such service;
16 § 3. Section 65.10 of the penal law is amended by adding a new subdi-
17 vision 6 to read as follows:
18 6. Graffiti removal. When imposing a sentence of probation or of
19 conditional discharge in connection with a violation of section 145.60,
20 145.62 or 145.65 of this chapter, the court shall as a condition of the
21 sentence, require that the defendant remove graffiti from public or
22 private property, including any property damaged in the underlying
23 offense, unless the court shall determine that an appropriate program to
24 supervise such removal is not available or that such graffiti removal
25 would be unreasonably dangerous; provided, however, that graffiti
26 removal from private property pursuant to this subdivision shall be
27 subject to consent of the owner of such property.
28 § 4. Section 145.60 of the penal law, as added by chapter 458 of the
29 laws of 1992, is amended to read as follows:
30 § 145.60 Making graffiti in the second degree.
31 1. For purposes of this section and section 145.62 of this article,
32 the term "graffiti" shall mean the etching, painting, covering, drawing
33 upon or otherwise placing of a mark upon public or private property with
34 intent to damage such property.
35 2. [No person shall make] A person is guilty of making graffiti in the
36 second degree when he or she makes graffiti of any type on any building,
37 public or private, or any other property real or personal owned by any
38 person, firm or corporation or any public agency or instrumentality,
39 without the express permission of the owner or operator of said proper-
40 ty.
41 Making graffiti in the second degree is a class A misdemeanor.
42 § 5. The penal law is amended by adding a new section 145.62 to read
43 as follows:
44 § 145.62 Making graffiti in the first degree.
45 A person is guilty of making graffiti in the first degree when he or
46 she commits the offense of making graffiti in the second degree as
47 defined in section 145.60 of this article:
48 1. in a manner to promote or encourage gang related activities; or
49 2. having knowledge that such property is used as a place of religious
50 worship, he or she damages a building, structure or the curtilage of
51 such building or structure used as a place of religious worship by a
52 religious corporation, as incorporated under the religious corporations
53 law; or
54 3. having knowledge that such property is a religious museum, he or
55 she damages a structure, building or curtilage of such building; or
S. 83--A 3
1 4. having knowledge that such property comprises a display of reli-
2 gious symbols which are for a representative expression of faith, he or
3 she damages a scroll, religious vestment, vessel, item comprising a
4 display of religious symbols which are a representative expression of
5 faith or a miscellaneous item of property kept or used in or upon a
6 building, structure or curtilage thereof described in subdivision two of
7 this section.
8 Making graffiti in the first degree is a class E felony.
9 § 6. Section 240.31 of the penal law is amended by adding a new subdi-
10 vision 1-a to read as follows:
11 1-a. Etches, paints, covers, draws upon or otherwise places a mark
12 upon any building or any other real property, public or private, without
13 the express permission of the owner or operator of such building or real
14 property; or
15 § 7. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
