Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 19, 2009 |
referred to codes |
Senate Bill S2377
2009-2010 Legislative Session
Sponsored By
(R, C, IP) 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-S2377 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§145.60 & 145.65, add §145.61, Pen L
2009-S2377 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2377 TITLE OF BILL : An act to amend the penal law, in relation to penalties for making graffiti and possession of graffiti instruments SUMMARY OF PROVISIONS : The bill would amend Article 145.60 of Title I of the New York State Penal Law by replacing the offense of Making Graffiti with the offenses of Making Graffiti in the first degree and Making Graffiti in the second degree. The bill would also amend section 145.65 of the Penal Law by increasing the penalty for Possession of Graffiti Instruments. Section one would make the current offense of Making Graffiti, Penal Law §145.60, into Making Graffiti in the second degree. Section two would add a new offense, Making Graffiti in the first degree, Penal Law §145.61, and make its penalty a Class E felony. Section three would elevate Possession of Graffiti Instruments, Penal Law §145.65, from a class B misdemeanor to a class A misdemeanor. JUSTIFICATION :
2009-S2377 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2377 2009-2010 Regular Sessions I N S E N A T E February 19, 2009 ___________ Introduced by Sen. PADAVAN -- 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 penalties for making graffiti and possession of graffiti instruments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 145.60 of the penal law, as added by chapter 458 of the laws of 1992, is amended to read as follows: S 145.60 Making graffiti IN THE SECOND DEGREE. 1. For purposes of this section AND SECTION 145.61 OF THIS ARTICLE, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. 2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property. Making graffiti IN THE SECOND DEGREE is a class A misdemeanor. S 2. The penal law is amended by adding a new section 145.61 to read as follows: S 145.61 MAKING GRAFFITI IN THE FIRST DEGREE. A PERSON IS GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN SUCH PERSON COMMITS THE CRIME OF MAKING GRAFFITI IN THE SECOND DEGREE AND HAS BEEN PREVIOUSLY CONVICTED, WITHIN THE PRECEDING TEN YEARS, OF THE CRIME OF CRIMINAL MISCHIEF IN THE FOURTH DEGREE AS DEFINED BY SECTION 145.00 OF THIS ARTICLE, CRIMINAL MISCHIEF IN THE THIRD DEGREE AS DEFINED BY SECTION 145.05 OF THIS ARTICLE, CRIMINAL MISCHIEF IN THE SECOND DEGREE AS DEFINED BY SECTION 145.10 OF THIS ARTICLE, CRIMINAL MISCHIEF IN THE FIRST DEGREE AS DEFINED BY SECTION 145.12 OF THIS ARTICLE, CEMETERY DESECRATION IN THE SECOND DEGREE AS DEFINED BY SECTION 145.22 OF THIS ARTICLE, CEMETERY DESECRATION IN THE FIRST DEGREE AS DEFINED BY SECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09515-01-9
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