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

                                  8289

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by Sens. STACHOWSKI, LARKIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to cemetery  desecration  and
  cemetery desecration of a veteran

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

  Section 1. Section 145.22 of the penal law, as amended by chapter  353
of the laws of 2007, is amended to read as follows:
S 145.22 Cemetery desecration in the second degree.
  A  person is guilty of cemetery desecration in the second degree when:
(a) with intent to damage property of another person[,]  and  having  no
right  to  do so nor any reasonable ground to believe that he OR SHE has
such right, he OR SHE damages any real  or  personal  property  USED  OR
maintained  as  a  cemetery,  MAUSOLEUM,  COLUMBARIUM, LOT, plot, grave,
burial place, NICHE, CRYPT, VAULT, or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
MENT,  HEADSTONE,  MARKER,  MEMORIAL,  PLAQUE,  STATUE, VASE, URN, DECO-
RATION, FLAG HOLDER,  BADGE,  SHIELD,  ITEM  OF  MEMORABILIA,  OR  OTHER
EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
ATED  WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,
BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY STORAGE; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property  which  is  located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,
plot, grave, burial place, NICHE, CRYPT, VAULT, or other place of inter-
ment of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT,  HEAD-
STONE,  MARKER,  MEMORIAL,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, OR OTHER EMBELLISHMENT  THAT
IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, NICHE,
CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE and which
property is owned by the person or organization which maintains or  owns
such place or the estate, next-of-kin or representatives of the deceased
person interred there.

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

                                                           LBD04192-01-9

S. 8289                             2

  Cemetery desecration in the second degree is a class A misdemeanor.
  S 2. Section 145.23 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
S 145.23 Cemetery desecration in the first degree.
  A  person  is  guilty of cemetery desecration in the first degree when
with intent to damage property of another person[,] and having no  right
to  do  so  nor any reasonable ground to believe that he OR SHE has such
right, he OR SHE:
  (a) damages any real or personal property  USED  OR  maintained  as  a
cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, NICHE,
CRYPT,  VAULT, or other place of interment OR TEMPORARY STORAGE of human
remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT,  HEADSTONE,  MARKER,
MEMORIAL,  PLAQUE,  STATUE,  VASE,  URN, DECORATION, FLAG HOLDER, BADGE,
SHIELD, ITEM OF MEMORABILIA, OR OTHER EMBELLISHMENT THAT IS  LOCATED  ON
OR  ADJACENT  TO,  OR  IS  OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY,
MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL  PLACE,  NICHE,  CRYPT,
VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount
exceeding two hundred fifty dollars; or
  (b) with intent to steal personal property, he OR SHE steals  personal
property, the value of which exceeds two hundred fifty dollars, which is
located  at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial
place, NICHE, CRYPT, VAULT, or other place of interment of human remains
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, MEMORIAL,
PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, BADGE, SHIELD,  ITEM
OF  MEMORABILIA,  OR  OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT
TO, OR IS OTHERWISE  ASSOCIATED  WITH,  ANY  SUCH  CEMETERY,  MAUSOLEUM,
COLUMBARIUM,  LOT,  PLOT,  GRAVE,  BURIAL PLACE, NICHE, CRYPT, VAULT, OR
OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  and  which  property  is
owned  by  the person or organization which maintains or owns such place
or the estate, next-of-kin or representatives  of  the  deceased  person
interred there; or
  (c)  commits the crime of cemetery desecration in the second degree as
defined in section 145.22  of  this  article  and  has  been  previously
convicted  of  the  crime  of  cemetery desecration in the second degree
within the preceding five years.
  Cemetery desecration in the first degree is a class E felony.
  S 3. The penal law is amended by adding two new  sections  145.28  and
145.29 to read as follows:
S 145.28 CEMETERY DESECRATION OF A VETERAN; DEFINITION OF "VETERAN".
  FOR THE PURPOSES OF SECTION 145.29 OF THIS ARTICLE, THE TERM "VETERAN"
MEANS A DECEASED PERSON WHO:
  1.  (A)  SERVED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE DURING A
WAR IN WHICH THE UNITED STATES ENGAGED; OR
  (B) SERVED IN THE RESERVE COMPONENT OF THE ARMED FORCES, THE ORGANIZED
MILITIA OF THE STATE; OR
  (C) IS ELIGIBLE TO RECEIVE A STANDARD GOVERNMENT HEADSTONE  OR  MARKER
FOR  INSTALLATION  IN  A  PRIVATE CEMETERY OR A STATE VETERANS' CEMETERY
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS WHO  SERVED
IN THE UNITED STATES ARMED FORCES; AND
  2.  WAS  DISCHARGED  OR RELEASED THEREFROM UNDER CONDITIONS OTHER THAN
DISHONORABLE.
  FOR THE PURPOSES OF THIS SECTION RESERVE COMPONENT OF THE ARMED FORCES
OF THE UNITED STATES MEANS THE ARMY  RESERVE,  THE  NAVAL  RESERVE,  THE
MARINE  CORPS  RESERVE,  THE AIR FORCE RESERVE, THE COAST GUARD RESERVE,
THE ARMY NATIONAL GUARD OF THE UNITED STATES AND THE AIR NATIONAL  GUARD
OF  THE  UNITED  STATES  AND WHOSE SERVICE WAS DURING A WAR IN WHICH THE

S. 8289                             3

UNITED STATES ENGAGED.   ORGANIZED MILITIA  OF  THE  STATE,  SHALL  MEAN
SERVICE  OTHER  THAN PERMANENT, FULL-TIME SERVICE IN THE MILITARY FORCES
OF THE STATE OF NEW YORK INCLUDING BUT NOT LIMITED TO THE NEW YORK  ARMY
NATIONAL  GUARD,  THE NEW YORK AIR NATIONAL GUARD, THE NAVAL MILITIA AND
THE NEW YORK GUARD (NOT INCLUDING THE INACTIVE NATIONAL  GUARD  AND  NOT
INCLUDING THE NEW YORK GUARD IN AN INACTIVE STATUS).
S 145.29 CEMETERY DESECRATION OF A VETERAN.
  A  PERSON  IS  GUILTY  OF CEMETERY DESECRATION OF A VETERAN WHEN, WITH
INTENT TO DAMAGE THE PROPERTY OF ANOTHER PERSON AND HAVING NO  RIGHT  TO
DO  SO  NOR  ANY  REASONABLE  GROUND  TO BELIEVE THAT HE OR SHE HAS SUCH
RIGHT, HE OR SHE INTENTIONALLY DAMAGES:
  (A) ANY REAL OR PERSONAL PROPERTY THAT HE OR  SHE  KNOWS  IS  USED  OR
MAINTAINED  AS  A  CEMETERY,  MAUSOLEUM,  COLUMBARIUM, LOT, PLOT, GRAVE,
BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY STORAGE PLACE OF A VETERAN; OR
  (B) ANY MONUMENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE,  STATUE,  VASE,
URN,  DECORATION,  FLAG  HOLDER,  BADGE, SHIELD, ITEM OF MEMORABILIA, OR
OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS  OTHERWISE
ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,
GRAVE, BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR
TEMPORARY STORAGE THAT HE OR SHE KNOWS BELONGS TO A VETERAN.
  CEMETERY DESECRATION OF A VETERAN IS A CLASS E FELONY.
  S 4. 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 desecration.
  When  a  person  is  convicted of an offense defined in section 145.22
[or], 145.23, OR 145.29 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 crime.
  S 5. 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
USED OR maintained as a cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,  plot,
grave, burial place, NICHE, CRYPT, VAULT, or other place of interment OR
TEMPORARY  STORAGE  of  human  remains OR CREMATED HUMAN REMAINS, OR ANY
MONUMENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN,  DECO-
RATION,  FLAG  HOLDER,  BADGE,  SHIELD,  ITEM  OF  MEMORABILIA, OR OTHER
EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,  GRAVE,
BURIAL PLACE, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY  STORAGE.    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  estab-
lishment  involved in any labor strike or lockout.  The court may estab-
lish provisions for the early termination of a sentence of probation  or
conditional discharge pursuant to the provisions of subdivision three of

S. 8289                             4

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 conditions of such service;
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the  cemetery  board
in  the division of cemeteries in the department of state may promulgate
rules and regulations prior to such  effective  date  to  implement  the
provisions of this act.