Prohibits the defacing of any public transportation facility and makes it the crime of unlawful graffiti in a transportation facility, a class B misdemeanor; defines "graffiti" and "transportation facility or conveyance".
STATE OF NEW YORK
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445
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to prohibition
against graffiti in transportation facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The transportation law is amended by adding a new section
2 148 to read as follows:
3 § 148. Unlawful graffiti in a transportation facility. 1. The follow-
4 ing terms shall have the following meanings:
5 (a) "Graffiti" means scribbling, writing, scratch, slogan, drawing,
6 painting or inscription.
7 (b) "Transportation facility or conveyance" means any conveyance,
8 premises or place used for or in connection with public passenger trans-
9 portation, whether by railroad, subway or bus. It shall include rail-
10 road cars, subway cars, and buses, and railroad, subway and bus termi-
11 nals, stations, depots, maintenance shops, storage facilities and all
12 appurtenances thereto, including stanchions, pedestrian bridges, over-
13 head bridges and their abutments, underpasses, railroad tracks, tunnels
14 and platforms.
15 2. A person is guilty of unlawful graffiti in a transportation facili-
16 ty when, having no right to do so nor any reasonable ground to believe
17 that he or she has such right, he or she defaces a transportation facil-
18 ity or conveyance by intentionally causing graffiti to be placed in any
19 manner on a transportation facility or conveyance.
20 3. Unlawful graffiti is a class B misdemeanor; provided, however, that
21 any sentence for such crime or attempt to commit such crime shall at
22 least be or include a fine or a conditional discharge which shall
23 include as a condition that the defendant perform services for a public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03595-01-9
S. 445 2
1 corporation, association, institution or agency responsible for a trans-
2 portation facility or conveyance.
3 § 2. This act shall take effect on the first of November next
4 succeeding the date on which it shall have become a law.
