NY State Senate Bill 2019-S4707

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 29, 2020	advanced to third reading
Jan 28, 2020	2nd report cal.
Jan 27, 2020	1st report cal.285
Jan 08, 2020	referred to codes
Mar 21, 2019	referred to codes

Votes

- Jan 27, 2020 - Codes Committee Vote
  S4707
  
  10
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 27, 2020
      
      aye (10)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Gallivan
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Lanza
      
      O'Mara
      
      Savino
      
      aye wr (2)
      
      Biaggi
      
      Myrie

co-Sponsors

2019-S4707 (ACTIVE) - Details

See Assembly Version of this Bill:: A4217
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3304
2011-2012: S1842
2013-2014: S951, A8960
2015-2016: S2655, A2319
2017-2018: S2348, A5143
2021-2022: S5072
2023-2024: S6366

2019-S4707 (ACTIVE) - Summary

Includes bias-related graffiti in hate crimes.

2019-S4707 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4707

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the penal law, in relation to bias-re-
lated graffiti

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 485.05 of the Penal Law as amended
by chapter 405 of the laws of 2010, by adding section 145.60.  This
subdivision adds the language "etches, paints, covers, draws upon or
otherwise places a mark upon public or private property" to the crime of
aggravated harassment in the first degree.

 
JUSTIFICATION:

This bill proposes enhanced penalties for bias-related graffiti in
recognition of the particularly sensitive nature of such graffiti.
Graffiti that is based upon hate should receive a tighter penalty.
Enhancing the penalty will serve to reinforce the seriousness of this
crime and prove to offenders that New York State does not tolerate bias

in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section
145.60 of the Penal Law. This legislation would include bias-related
graffiti under the section of law that currently covers desecration of
religious property. Under this bill, bias-related graffiti would be
considered a Class E felony. This would increase the allowable penalty
for bias-related graffiti from up to one year in jail under a Class A
misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the
discretion of the judge. Recent incidents of bias-related graffiti in
Westchester County (racial) and King's County (religious) exemplify the
need to give prosecutors greater leverage in prosecuting such offenders.

 
LEGISLATIVE HISTORY:

2017-18:S2348 - Passed Senate, Delivered to Assembly
2015-16: S2655 - Died in Codes
2013-14: S.951/A.8960 - Referred to Codes
2011-12 - S.1842 - Died in Codes
2009-10 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S4707 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4707
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, KAMINSKY, MAYER -- 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 bias-related graffiti
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section  485.05  of the penal law, as
 amended by section 9 of part NN of chapter 55 of the laws  of  2018,  is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree); section 120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  subdivision  one  of  section 130.35 (rape in the first
 degree); subdivision one of section 130.50 (criminal sexual act  in  the
 first  degree);  subdivision  one of section 130.65 (sexual abuse in the
 first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
 (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
 vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  section  135.05  (unlawful imprisonment in the second degree);
 section 135.10 (unlawful imprisonment  in  the  first  degree);  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08179-01-9

 S. 4707                             2
 
 135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
 the first degree);  section  135.60  (coercion  in  the  third  degree);
 section 135.61 (coercion in the second degree); section 135.65 (coercion
 in  the  first  degree);  section 140.10 (criminal trespass in the third
 degree); section  140.15  (criminal  trespass  in  the  second  degree);
 section  140.17  (criminal trespass in the first degree); section 140.20
 (burglary in the third degree); section 140.25 (burglary in  the  second
 degree);  section  140.30 (burglary in the first degree); section 145.00
 (criminal mischief in  the  fourth  degree);  section  145.05  (criminal
 mischief  in the third degree); section 145.10 (criminal mischief in the
 second degree); section 145.12 (criminal mischief in the first  degree);
 SECTION  145.60  (MAKING  GRAFFITI); section 150.05 (arson in the fourth
 degree); section 150.10 (arson in  the  third  degree);  section  150.15
 (arson  in  the  second  degree);  section  150.20  (arson  in the first
 degree); section 155.25 (petit larceny); section 155.30  (grand  larceny
 in  the  fourth  degree);  section  155.35  (grand  larceny in the third
 degree); section 155.40 (grand larceny in the  second  degree);  section
 155.42  (grand  larceny in the first degree); section 160.05 (robbery in
 the third degree);  section  160.10  (robbery  in  the  second  degree);
 section 160.15 (robbery in the first degree); section 240.25 (harassment
 in  the  first  degree);  subdivision one, two or four of section 240.30
 (aggravated harassment in the second degree); or any attempt or conspir-
 acy to commit any of the foregoing offenses.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4707

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 27, 2020 - Codes Committee Vote

Codes Committee Vote: Jan 27, 2020

co-Sponsors

2019-S4707 (ACTIVE) - Details

2019-S4707 (ACTIVE) - Summary

2019-S4707 (ACTIVE) - Sponsor Memo

2019-S4707 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4707

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Todd Kaminsky

Anna M. Kaplan

Shelley B. Mayer

2019-S4707 (ACTIVE) - Details

2019-S4707 (ACTIVE) - Summary

2019-S4707 (ACTIVE) - Sponsor Memo

2019-S4707 (ACTIVE) - Bill Text download pdf

Comments