S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7138
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 Introduced by M. of A. BENEDETTO, ROZIC -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to bias-related graffiti, the
   disposition  of graffiti offenses, graffiti for the purpose of promot-
   ing gang related activities and graffiti upon religious property

   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 60.31 to
 read as follows:
 § 60.31 AUTHORIZED  DISPOSITION;  AGGRAVATED  HARASSMENT  IN  THE  FIRST
           DEGREE.
   WHEN  A  PERSON  IS  CONVICTED  OF  AGGRAVATED HARASSMENT IN THE FIRST
 DEGREE AS DEFINED IN SECTION 240.31 OF THIS CHAPTER, OR OF AN ATTEMPT TO
 COMMIT SUCH AN OFFENSE, OR OF A LESSER INCLUDED OFFENSE, IN ADDITION  TO
 ANY OTHER SENTENCE IMPOSED OR AS A CONDITION OF PROBATION OR CONDITIONAL
 DISCHARGE  THE  COURT MAY ORDER SUCH PERSON TO PARTICIPATE IN, AT HIS OR
 HER OWN EXPENSE, A DIVERSITY TRAINING PROGRAM THAT IS DESIGNED TO  OVER-
 COME DISCRIMINATION, PREJUDICE AND INTOLERANCE, AND THAT PROMOTES COMMU-
 NICATION,  UNDERSTANDING AND RESPECT AMONG DIVERSE RACIAL, RELIGIOUS AND
 ETHNIC GROUPS.
   § 2. 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] OFFICE of ALCOHOLISM AND  substance  abuse  services,
 [services  in  an  appropriate community program for removal of graffiti
 from public or private property, 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. Provided however, that the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05549-01-9

 A. 7138                             2
 
 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 proce-
 dure 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;
   §  3. Section 65.10 of the penal law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. GRAFFITI REMOVAL.   WHEN IMPOSING A SENTENCE  OF  PROBATION  OR  OF
 CONDITIONAL  DISCHARGE IN CONNECTION WITH A VIOLATION OF SECTION 145.60,
 145.62 OR 145.65 OF THIS CHAPTER, THE COURT SHALL AS A CONDITION OF  THE
 SENTENCE,  REQUIRE  THAT  THE  DEFENDANT  REMOVE GRAFFITI FROM PUBLIC OR
 PRIVATE PROPERTY, INCLUDING  ANY  PROPERTY  DAMAGED  IN  THE  UNDERLYING
 OFFENSE, UNLESS THE COURT SHALL DETERMINE THAT AN APPROPRIATE PROGRAM TO
 SUPERVISE  SUCH  REMOVAL  IS NOT AVAILABLE OR THAT SUCH GRAFFITI REMOVAL
 WOULD  BE  UNREASONABLY  DANGEROUS;  PROVIDED,  HOWEVER,  THAT  GRAFFITI
 REMOVAL  FROM  PRIVATE  PROPERTY  PURSUANT  TO THIS SUBDIVISION SHALL BE
 SUBJECT TO CONSENT OF THE OWNER OF SUCH PROPERTY.
   § 4. Section 145.60 of the penal law, as added by chapter 458  of  the
 laws of 1992, is amended to read as follows:
 § 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.
   2. [No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
 SECOND DEGREE WHEN HE OR SHE 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.
   § 5. The penal law is amended by adding a new section 145.62  to  read
 as follows:
 § 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN HE OR
 SHE COMMITS THE OFFENSE OF MAKING  GRAFFITI  IN  THE  SECOND  DEGREE  AS
 DEFINED IN SECTION 145.60 OF THIS ARTICLE:
   1. IN A MANNER TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES; OR
   2. HAVING KNOWLEDGE THAT SUCH PROPERTY IS USED AS A PLACE OF RELIGIOUS
 WORSHIP,  HE  OR  SHE  DAMAGES A BUILDING, STRUCTURE OR 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
   3. HAVING KNOWLEDGE THAT SUCH PROPERTY COMPRISES A  DISPLAY  OF  RELI-
 GIOUS  SYMBOLS WHICH ARE FOR A REPRESENTATIVE EXPRESSION OF FAITH, HE OR
 SHE DAMAGES A SCROLL, RELIGIOUS  VESTMENT,  VESSEL,  ITEM  COMPRISING  A
 DISPLAY  OF  RELIGIOUS  SYMBOLS WHICH ARE A REPRESENTATIVE EXPRESSION OF
 FAITH OR A MISCELLANEOUS ITEM OF PROPERTY KEPT OR  USED  IN  OR  UPON  A

 A. 7138                             3
 
 BUILDING, STRUCTURE OR CURTILAGE THEREOF DESCRIBED IN SUBDIVISION TWO OF
 THIS SECTION.
   MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 6. Section 240.31 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   1-A.  ETCHES,  PAINTS,  COVERS,  DRAWS UPON OR OTHERWISE PLACES A MARK
 UPON ANY BUILDING OR ANY OTHER REAL PROPERTY, PUBLIC OR PRIVATE, WITHOUT
 THE EXPRESS PERMISSION OF THE OWNER OR OPERATOR OF SUCH BUILDING OR REAL
 PROPERTY; OR
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.