NY State Senate Bill 2021-S5072

Archive: Last Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 23, 2021	referred to codes

co-Sponsors

2021-S5072 (ACTIVE) - Details

Current Committee:: Senate Codes
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
2015-2016: S2655
2017-2018: S2348
2019-2020: S4707
2023-2024: S6366

2021-S5072 (ACTIVE) - Summary

Includes bias-related graffiti in hate crimes.

2021-S5072 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5072

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the penal law, in relation to bias-related 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:

2019-20: S.4707 - Referred to Rules

2017-18: 5.2348 - Passed Senate, Delivered to Assembly

2015-16: S.2655 - 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.

2021-S5072 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5072
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, KAMINSKY, KAPLAN, 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  3  of part R of chapter 55 of the laws of 2020, 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);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09274-01-1

 S. 5072                             2
 
 section  135.10  (unlawful  imprisonment  in  the first degree); section
 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); section 490.10 (soliciting
 or providing support for an act of  terrorism  in  the  second  degree);
 section  490.15 (soliciting or providing support for an act of terrorism
 in the first degree); section  490.20  (making  a  terroristic  threat);
 section  490.25  (crime  of terrorism); section 490.30 (hindering prose-
 cution of terrorism in the second  degree);  section  490.35  (hindering
 prosecution  of terrorism in the first degree); section 490.37 (criminal
 possession of a chemical  weapon  or  biological  weapon  in  the  third
 degree);  section  490.40  (criminal  possession of a chemical weapon or
 biological weapon  in  the  second  degree);  section  490.45  (criminal
 possession  of  a  chemical  weapon  or  biological  weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5072

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S5072 (ACTIVE) - Details

2021-S5072 (ACTIVE) - Summary

2021-S5072 (ACTIVE) - Sponsor Memo

2021-S5072 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5072

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Todd Kaminsky

Anna M. Kaplan

Shelley B. Mayer

2021-S5072 (ACTIVE) - Details

2021-S5072 (ACTIVE) - Summary

2021-S5072 (ACTIVE) - Sponsor Memo

2021-S5072 (ACTIVE) - Bill Text download pdf

Comments