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

                                  1625

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to providing certain criminal
  penalties for damage to military monuments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 145.24 to
read as follows:
S 145.24 DESECRATION OF A MILITARY MONUMENT.
  A PERSON IS GUILTY OF DESECRATION OF A  MILITARY  MONUMENT  WHEN  WITH
INTENT  TO DAMAGE PROPERTY, AND HAVING NO RIGHT TO DO SO NOR ANY REASON-
ABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE  DAMAGES
ANY  REAL  OR  PERSONAL  PROPERTY  MAINTAINED  AS A MILITARY MONUMENT. A
"MILITARY MONUMENT", FOR THE PURPOSES OF THIS SECTION, IS  ANY  MONUMENT
THAT  WAS ERECTED WITH THE INTENT TO HONOR A CURRENT OR FORMER MEMBER OR
MEMBERS OF THE ARMED FORCES OR TO MARK OR COMMEMORATE  A  PAST  MILITARY
ACTION OR BATTLE.
  DESECRATION OF A MILITARY MONUMENT IS A CLASS A MISDEMEANOR.
  S  2.  Section  60.29 of the penal law, as added by chapter 165 of the
laws of 1997, is amended to read as follows:
S 60.29 Authorized disposition;  cemetery  OR  MILITARY  MONUMENT  dese-
          cration.
  When  a  person  is  convicted of an offense defined in section 145.22
[or], 145.23 OR 145.24 of this chapter or of an attempt to  commit  such
an  offense,  and  the sentence imposed by the court for such conviction
includes a sentence of probation or conditional discharge, such sentence
shall, where appropriate, be in accordance with paragraph (h) of  subdi-
vision  two  of  section  65.10  of this [article] TITLE as such section
relates to cemetery OR MILITARY MONUMENT crime.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02465-01-9
              

A. 1625                             2

  S 3. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
as amended by chapter 508 of the laws of 2001, is  amended  to  read  as
follows:
  (h) Perform services for a public or not-for-profit corporation, asso-
ciation,  institution  or  agency, including but not limited to services
for the division of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty, including  any  property  damaged  in  the  underlying  offense,  or
services  for  the  maintenance  and repair of real or personal property
maintained as a cemetery plot, grave, burial place  or  other  place  of
interment  of  human  remains OR A MILITARY MONUMENT.  Provided however,
that the performance of any  such  services  shall  not  result  in  the
displacement  of  employed  workers  or  in  the  impairment of existing
contracts for services, nor shall the performance of any  such  services
be  required  or  permitted  in  any establishment involved in any labor
strike or lockout.  The court may establish  provisions  for  the  early
termination of a sentence of probation or conditional discharge pursuant
to the provisions of subdivision three of section 410.90 of the criminal
procedure law after such services have been completed. Such sentence may
only  be imposed upon conviction of a misdemeanor, violation, or class D
or class E felony, or a youthful offender  finding  replacing  any  such
conviction,  where  the defendant has consented to the amount and condi-
tions of such service;
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.