Assembly Bill A7201A

2013-2014 Legislative Session

Relates to cemetery desecration

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2013-A7201 - Details

See Senate Version of this Bill:
S3307
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.23, rpld §145.22, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2686
2011-2012: S473
2015-2016: A5339, S3806
2017-2018: A6754, S1109
2019-2020: A8727, S345
2021-2022: A2507, S3691
2023-2024: A217, S2114

2013-A7201 - Summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

2013-A7201 - Bill Text download pdf 

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

                                  7201

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the penal law, in relation to cemetery desecration in
  the first degree

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

  Section  1. 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  maintained  as  a  cemetery
plot,  grave,  burial place or other place of interment of human remains
[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 plot, grave, burial place  or  other  place  of
interment  of human remains 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 2. 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.
                                                           LBD01469-01-3

2013-A7201A (ACTIVE) - Details

See Senate Version of this Bill:
S3307
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.23, rpld §145.22, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2686
2011-2012: S473
2015-2016: A5339, S3806
2017-2018: A6754, S1109
2019-2020: A8727, S345
2021-2022: A2507, S3691
2023-2024: A217, S2114

2013-A7201A (ACTIVE) - Summary

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

2013-A7201A (ACTIVE) - Bill Text download pdf 

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

                                 7201--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to cemetery desecration;  and
  to repeal certain provisions of such law relating thereto

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

  Section 1. 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] 145.22 Cemetery desecration in the [first] SECOND degree.
  A  person  is  guilty  of  cemetery  desecration in the [first] 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:
  (a)  damages  any  real  or personal property maintained as a cemetery
plot, grave, burial place or other place of interment of  human  remains
[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 plot, grave, burial place or other place of
interment of human remains 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] SECOND degree is a class E felony.
  S  2.  The penal law is amended by adding a new section 145.23 to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01469-03-4

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