S T A T E   O F   N E W   Y O R K
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                                  3304

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation to bias-related graffiti

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

  Section 1. Section 240.31 of the penal law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  ETCHES,  PAINTS,  COVERS,  DRAWS UPON OR OTHERWISE PLACES A MARK
UPON PUBLIC OR PRIVATE PROPERTY; OR
  S 2. The penal law is amended by adding a new section 60.31 to read as
follows:
S 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
            DEGREE.
  WHEN  A PERSON IS CONVICTED OF AN OFFENSE DEFINED IN SUBDIVISION ONE-A
OF SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO  COMMIT  SUCH  AN
OFFENSE,  OR  OF  A  LESSER  INCLUDED  OFFENSE, IN ADDITION TO ANY OTHER
SENTENCE  IMPOSED  OR  AS  A  CONDITION  OF  PROBATION  OR   CONDITIONAL
DISCHARGE: (1) THE COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS
OWN  EXPENSE,  A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO OVERCOME
DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND  THAT  PROMOTES  COMMUNI-
CATION,  UNDERSTANDING  AND  RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
ETHNIC GROUPS AND/OR (2) MAY SUSPEND SUCH INDIVIDUAL'S DRIVER'S  LICENSE
OR  PRIVILEGE TO DRIVE IN THIS STATE FOR A PERIOD OF UP TO ONE YEAR, OR,
IN THE EVENT SUCH INDIVIDUAL DOES NOT HAVE A DRIVER'S LICENSE, THE COURT
MAY DELAY THE GRANTING OF A DRIVER'S LICENSE FOR A PERIOD OF UP  TO  ONE
YEAR.
  S 3. Section 502 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
  8.  EXCEPTIONS.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION,
THE COMMISSIONER SHALL NOT  ISSUE  A  DRIVER'S  LICENSE  TO  ANY  PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-01-9
              

S. 3304                             2

CONVICTED  OF  AN OFFENSE DEFINED IN SUBDIVISION ONE-A OF SECTION 240.31
OF THE PENAL LAW, OR OF AN ATTEMPT TO COMMIT SUCH AN OFFENSE,  OR  OF  A
LESSER  INCLUDED  OFFENSE,  UNTIL SUCH TIME AS IMPOSED BY THE SENTENCING
COURT HAS LAPSED.
  S  4.  Subdivision  3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph j-1 to read as follows:
  J-1. FOR A PERIOD UP TO ONE YEAR WHERE THE HOLDER HAS  BEEN  CONVICTED
OF  AN  OFFENSE  DEFINED  IN  SUBDIVISION ONE-A OF SECTION 240.31 OF THE
PENAL LAW;
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.