Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to transportation |
Jan 07, 2009 |
referred to transportation |
Senate Bill S445
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, IP) Senate District
2009-S445 (ACTIVE) - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Transportation Law
- Laws Affected:
- Add ยง148, Transp L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2606
2009-S445 (ACTIVE) - Sponsor Memo
BILL NUMBER: S445 TITLE OF BILL : An act to amend the transportation law, in relation to prohibition against graffiti in transportation facilities PURPOSE OR GENERAL IDEA OF BILL : This bill amends the transportation law to provide that a person is guilty of committing an act of unlawful graffiti in a transportation facility when, having no right to do so nor any reasonable ground to believe that he has such right, he defaces a transportation facility or conveyance by intentionally causing graffiti to be placed in any manner on such transportation facility or conveyance. The crime is classified a Class B misdemeanor and the court is mandated to sentence the defendant, at least to a fine or service with a transportation facility. SUMMARY OF SPECIFIC PROVISIONS : Amends the transportation law by adding a new section 148. JUSTIFICATION : Under the Penal Law, a person must 11 intentionally" damage property in order to be held accountable for placing graffiti on a transportation facility or conveyance. If the defendant's "conscious
2009-S445 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 445 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ 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: Section 1. The transportation law is amended by adding a new section 148 to read as follows: S 148. UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILITY. 1. THE FOLLOW- ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "GRAFFITI" MEANS SCRIBBLING, WRITING, SCRATCH, SLOGAN, DRAWING, PAINTING OR INSCRIPTION. (B) "TRANSPORTATION FACILITY OR CONVEYANCE" MEANS ANY CONVEYANCE, PREMISES OR PLACE USED FOR OR IN CONNECTION WITH PUBLIC PASSENGER TRANS- PORTATION, WHETHER BY RAILROAD, SUBWAY OR BUS. IT SHALL INCLUDE RAIL- ROAD CARS, SUBWAY CARS, AND BUSES, AND RAILROAD, SUBWAY AND BUS TERMI- NALS, STATIONS, DEPOTS, MAINTENANCE SHOPS, STORAGE FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING STANCHIONS, PEDESTRIAN BRIDGES, OVER- HEAD BRIDGES AND THEIR ABUTMENTS, UNDERPASSES, RAILROAD TRACKS, TUNNELS AND PLATFORMS. 2. A PERSON IS GUILTY OF UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILI- TY WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DEFACES A TRANSPORTATION FACIL- ITY OR CONVEYANCE BY INTENTIONALLY CAUSING GRAFFITI TO BE PLACED IN ANY MANNER ON A TRANSPORTATION FACILITY OR CONVEYANCE. 3. UNLAWFUL GRAFFITI IS A CLASS B MISDEMEANOR; PROVIDED, HOWEVER, THAT ANY SENTENCE FOR SUCH CRIME OR ATTEMPT TO COMMIT SUCH CRIME SHALL AT LEAST BE OR INCLUDE A FINE OR A CONDITIONAL DISCHARGE WHICH SHALL 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
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