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

                                  6338

                            I N  S E N A T E

                            January 30, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  criminal  mischief  and
  larceny offenses committed at a place of religious worship

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

  Section 1. Subdivision 2 of  section  145.05  of  the  penal  law,  as
amended  by chapter 276 of the laws of 2003, is amended and a new subdi-
vision 3 is added to read as follows:
  2. damages property of another  person  in  an  amount  exceeding  two
hundred fifty dollars[.]; OR
  3.  DAMAGES  PROPERTY  WHICH, REGARDLESS OF ITS NATURE OR VALUE, IS IN
ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 2. Section 145.10 of the penal law, as amended by chapter 961 of the
laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second 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:
  1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
  2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS  VESTMENT,
A  VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS
A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR  USED  IN
CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
CURTILAGE  OF  SUCH  BUILDING  OR STRUCTURE USED AS A PLACE OF RELIGIOUS
WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE  RELIGIOUS
CORPORATIONS LAW OR THE EDUCATION LAW.
  Criminal mischief in the second degree is a class D felony.
  S  3.  Subdivision 9 of section 155.30 of the penal law, as amended by
chapter 479 of the laws of 2010, is amended to read as follows:

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

                                                           LBD14257-01-2

S. 6338                             2

  9. The property [consists of a scroll, religious vestment,  a  vessel,
an  item  comprising a display of religious symbols which forms a repre-
sentative expression of faith, or other miscellaneous item  of  property
which:
  (a) has a value of at least one hundred dollars; and
  (b)  is  kept  for  or  used in connection with religious worship in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or upon the curtilage of such building or structure used as a  place  of
religious  worship by a religious corporation, as incorporated under the
religious corporations law or the education law.
  S 4. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1. when the value of the property exceeds three  thousand  dollars[,];
or
  2.  the  property is an automated teller machine or the contents of an
automated teller machine[.]; OR
  3.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN  CONNECTION
WITH  RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE
OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY  A
RELIGIOUS  CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
LAW OR THE EDUCATION LAW.
  Grand larceny in the third degree is a class D felony.
  S 5. Subdivision 2 of section 155.40 of the penal law, as  amended  by
chapter  515  of the laws of 1986, is amended and a new subdivision 3 is
added to read as follows:
  2. The property, regardless of its nature and value,  is  obtained  by
extortion committed by instilling in the victim a fear that the actor or
another  person  will  (a)  cause  physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse  his  posi-
tion as a public servant by engaging in conduct within or related to his
official  duties, or by failing or refusing to perform an official duty,
in such manner as to affect some person adversely[.]; OR
  3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A  VESSEL,
AN  ITEM  COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
  (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
  (B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS  WORSHIP  IN  ANY
BUILDING,  STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE
USED AS A PLACE OF RELIGIOUS WORSHIP  BY  A  RELIGIOUS  CORPORATION,  AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.