Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jan 22, 2009 |
referred to codes |
Senate Bill S972
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
2009-S972 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §145.11, Pen L; amd §720.10, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2049
2009-S972 (ACTIVE) - Sponsor Memo
BILL NUMBER: S972 TITLE OF BILL : An act to amend the penal law, in relation to creating the crime of bias related criminal mischief; and to amend the criminal procedure law, in relation to denying youthful offender status to such crime SUMMARY : This act adds a new section 145.11 to the penal law to make bias-related mischief a class C felony. A person will be considered guilty of a bias-related crime when he or she perpetrates the crime of graffiti by marking with words, letters, numbers, symbols, etc. which make derogatory reference to race, creed, religion, color, or national origin. JUSTIFICATION : Recent incidents of bias-related graffiti in New York State and elsewhere such as swastikas, vandalism of Church and synagogue buildings, anti-Semitic slurs and other expressions of hatred against religious, racial or ethnic groups have been increasing. In many cases, these incidents are acts of terrorism, not mere vandalism. Perpetrators who commit such acts of hatred should be punished in a more effective and severe manner than current law provides. Such acts tear at the fabric of our society and cause further deterioration of peaceful relations between our citizens.
2009-S972 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 972 2009-2010 Regular Sessions I N S E N A T E January 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of bias related criminal mischief; and to amend the criminal procedure law, in relation to denying youthful offender status to such crime 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 145.11 to read as follows: S 145.11 BIAS RELATED CRIMINAL MISCHIEF. A PERSON IS GUILTY OF BIAS RELATED CRIMINAL MISCHIEF WHEN: 1. HE OR SHE COMMITS THE CRIME OF CRIMINAL MISCHIEF IN THE SECOND, THIRD OR FOURTH DEGREE; AND 2. THE PROPERTY WAS DAMAGED BY MARKING WITH WORDS, LETTERS, NUMBERS OR SYMBOLS WHICH MAKE DEROGATORY REFERENCE TO RACE, CREED, RELIGION, COLOR, SEXUAL ORIENTATION OR NATIONAL ORIGIN. BIAS RELATED CRIMINAL MISCHIEF IS A CLASS C FELONY. S 2. Subdivision 2 of section 720.10 of the criminal procedure law, as amended by chapter 416 of the laws of 1986, paragraph (a) as amended by chapter 316 of the laws of 2006, is amended to read as follows: 2. "Eligible youth" means a youth who is eligible to be found a youth- ful offender. Every youth is so eligible unless: (a) the conviction to be replaced by a youthful offender finding is for (i) a class A-I or class A-II felony, or (ii) an armed felony as defined in subdivision forty-one of section 1.20, except as provided in subdivision three, or (iii) rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse, except as provided in subdivision three, or (IV) BIAS RELATED CRIMINAL MISCHIEF AS DEFINED IN SECTION 145.11 OF THE PENAL LAW, OR (b) such youth has previously been convicted and sentenced for a felo- ny, or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06656-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.