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

                                  1520

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ZEBROWSKI, ABBATE, HEVESI, SCHIMMINGER, GABRYS-
  ZAK, LUPARDO, GALEF, ROSENTHAL, TITONE, GUNTHER,  SCHIMEL,  CUSICK  --
  Multi-Sponsored  by -- M. of A.  BRENNAN, HOOPER, MAISEL, SCARBOROUGH,
  WEISENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to providing certain criminal
  penalties for damage to military monuments

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

  Section  1. The penal law is amended by adding a new section 145.24 to
read as follows:
S 145.24 DESECRATION OF A MILITARY MONUMENT.
  A PERSON IS GUILTY OF DESECRATION OF A  MILITARY  MONUMENT  WHEN  WITH
INTENT  TO DAMAGE PROPERTY, AND HAVING NO RIGHT TO DO SO NOR ANY REASON-
ABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE  DAMAGES
ANY  REAL  OR  PERSONAL  PROPERTY  MAINTAINED  AS A MILITARY MONUMENT. A
"MILITARY MONUMENT", FOR THE PURPOSES OF THIS SECTION, IS  ANY  MONUMENT
THAT  WAS ERECTED WITH THE INTENT TO HONOR A CURRENT OR FORMER MEMBER OR
MEMBERS OF THE ARMED FORCES OR TO MARK OR COMMEMORATE  A  PAST  MILITARY
ACTION OR BATTLE.
  DESECRATION OF A MILITARY MONUMENT IS A CLASS A MISDEMEANOR.
  S  2.  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  OR  MILITARY  MONUMENT  dese-
          cration.
  When  a  person  is  convicted of an offense defined in section 145.22
[or], 145.23 OR 145.24 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00390-01-3
              

A. 1520                             2

vision  two  of  section  65.10  of this [article] TITLE as such section
relates to cemetery OR MILITARY MONUMENT crime.
  S 3. 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
maintained  as  a  cemetery  plot, grave, burial place or other place of
interment of human remains OR A MILITARY MONUMENT.    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  establishment  involved  in  any  labor
strike  or  lockout.    The court may establish provisions for the early
termination of a sentence of probation or conditional discharge pursuant
to the provisions of subdivision three of 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  condi-
tions of such service;
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.