Assembly Bill A6754

2017-2018 Legislative Session

Relates to cemetery desecration

download bill text pdf

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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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2017-A6754 (ACTIVE) - Details

See Senate Version of this Bill:
S1109
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §145.23, add §145.24, rpld §145.22, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2686
2011-2012: S473
2013-2014: A7201, S3307
2015-2016: A5339, S3806
2019-2020: A8727, S345
2021-2022: A2507, S3691
2023-2024: A217, S2114

2017-A6754 (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.

2017-A6754 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6754
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 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; 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:
 § 145.23 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.
   § 2. The penal law is amended by adding a new section 145.24  to  read
 as follows:
 § 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04815-02-7

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