Senate Bill S1784

2011-2012 Legislative Session

Increases penalties for the offense of making graffiti

download bill text pdf

Sponsored By

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

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2011-S1784 (ACTIVE) - Details

See Assembly Version of this Bill:
A9333
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.60, add §145.62, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1751, A3924
2013-2014: S627, A2410
2015-2016: S3193, A67
2017-2018: S5218, A1321, A10562

2011-S1784 (ACTIVE) - Summary

Increases penalties for the offense of making graffiti.

2011-S1784 (ACTIVE) - Sponsor Memo

2011-S1784 (ACTIVE) - Bill Text download pdf 

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

                                  1784

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by Sen. STAVISKY -- 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 increasing  penalties  for
  making graffiti

  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 145.62 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.  A PERSON IS GUILTY OF  MAKING  GRAFFITI
IN THE SECOND DEGREE WHEN HE OR SHE:
  [2.  No person shall make] MAKES 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  proper-
ty.
  Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
  S  2.  The penal law is amended by adding a new section 145.62 to read
as follows:
S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF MAKING GRAFFITI IN THE FIRST  DEGREE  WHEN  SUCH
PERSON  DAMAGES  PROPERTY  OF  ANOTHER PERSON IN THE MANNER DESCRIBED IN
SECTION 145.60 OF THIS ARTICLE AND HE OR SHE:
  1. HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SECTION  145.60  OF
THIS ARTICLE; OR
  2. DAMAGES PROPERTY IN AN AMOUNT EXCEEDING ONE THOUSAND DOLLARS.
  MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

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