NY State Senate Bill 2023-S9297

Senate Bill S9297

2023-2024 Legislative Session

Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes

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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2024	referred to codes

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2023-S9297 (ACTIVE) - Details

See Assembly Version of this Bill:: A10295
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L

2023-S9297 (ACTIVE) - Summary

Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes.

2023-S9297 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9297

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the penal law, in relation to including aggravated ceme-
tery desecration in the second degree and aggravated cemetery dese-
cration in the first degree as specified offenses for purposes of hate
crimes

 
PURPOSE OR GENERAL IDEA OF BILL:

To include aggravated cemetery desecration in the second degree and
first degree as specified offenses for purposes of hate crime.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 3 of section 485.05 of the penal law, as amended
by section 1 of part C of chapter 55 of the laws of 2024, is amended to
read as follows:

Adds Section 145.26 (aggravated cemetery desecration in the second

degree); section 145.27 (aggravated cemetery desecration in the first
degree) to offenses listed under subdivision 3.

 
JUSTIFICATION:

According to the Antidefamation League, in 2023 anti-Semitic incidents
across the United States rose 140% compared to 2022. Recently, more than
50 gravestones were knocked over, and damaged, in a Jewish Cemetery
along Mt Stuart Road in the Town of Rotterdam. Similar incidents have
been reported in other areas of New York State, and throughout the
Nation.

While law enforcement continues to pursue perpetrators of such inci-
dents, hate crimes laws in New York State are silent on targeted ceme-
tery desecration motivated by bias against race, color, religion,
national origin, sexual orientation, etc.

This measure would add these offenses to Section 485.05 and elevate
aggravated cemetery desecration in the 2nd degree is (currently a class
E felony) to a class D felony, punishable by up to seven years in pris-
on, and aggravated cemetery desecration in the 1st degree (currently a
class D felony) to a class C felony, punishable by up to 15 years in
prison.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, if section 1
of part C of chapter 55 of the laws of 2024 shall not have taken effect
on or before such date then section one of this act shall take effect on
the same date and in the same manner as such section, takes effect;
provided, further, that provisions of section one-a of this act shall
take effect on the same date and in the same manner as section 2 of part
C of chapter 55 of the laws of 2024, takes effect.

2023-S9297 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9297
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 including aggravated ceme-
   tery desecration in the second degree and  aggravated  cemetery  dese-
   cration in the first degree as specified offenses for purposes of hate
   crimes

   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  1  of part C of chapter 55 of the laws of 2024, 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 120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first 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 endangerment in  the  second  degree);  section
 120.25  (reckless  endangerment  in  the  first  degree); section 121.11
 (criminal obstruction of breathing or blood circulation); 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  125.26 (aggravated murder); section 125.27 (murder in
 the first 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);
 section  130.20  (sexual  misconduct); section 130.25 (rape in the third
 degree); section 130.30 (rape in  the  second  degree);  section  130.35
 (rape  in  the first degree); section 130.40 (criminal sexual act in the
 third degree);  section  130.45  (criminal  sexual  act  in  the  second
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15522-01-4
 S. 9297                             2
 
 degree);  section  130.50  (criminal  sexual  act  in the first degree);
 section 130.52 (forcible touching); section  130.53  (persistent  sexual
 abuse);  section  130.55  (sexual  abuse  in  the third degree); section
 130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse
 in  the  first degree); section 130.65-a (aggravated sexual abuse in the
 fourth degree); section 130.66 (aggravated sexual  abuse  in  the  third
 degree);  section 130.67 (aggravated sexual abuse in the second degree);
 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 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 tres-
 pass  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 145.26 (AGGRAVATED
 CEMETERY DESECRATION IN THE SECOND DEGREE); SECTION  145.27  (AGGRAVATED
 CEMETERY  DESECRATION IN THE FIRST DEGREE); 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 230.34 (sex traf-
 ficking); section 230.34-a (sex trafficking of a child); section  240.25
 (harassment  in  the  first  degree);  subdivision  one,  two or four of
 section 240.30 (aggravated harassment in  the  second  degree);  section
 240.50  (falsely  reporting  an  incident  in the third degree); section
 240.55 (falsely reporting an incident in  the  second  degree);  section
 240.60  (falsely reporting an incident in the first degree); subdivision
 one of section 265.03 (criminal possession of a  weapon  in  the  second
 degree);  subdivision  one  of  section 265.04 (criminal possession of a
 weapon in the first 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 prosecution of terrorism
 in the second degree); section 490.35 (hindering prosecution of  terror-
 ism in the first degree); section 490.37 (criminal possession of a chem-
 ical  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 (criminal use of  a  chemical  weapon  or
 biological  weapon in the first degree); or any attempt or conspiracy to
 commit any of the foregoing offenses.
 S. 9297                             3
 
   § 1-a. Subdivision 3 of section 485.05 of the penal law, as amended by
 section 2 of part C of chapter 55 the laws of 2024, 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  120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first  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  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  section  121.11
 (criminal obstruction of breathing or blood circulation); 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 125.26 (aggravated murder); section 125.27  (murder  in
 the  first  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);
 section 130.20 (sexual misconduct); section 130.25 (rape  in  the  third
 degree);  section  130.30  (rape  in  the second degree); section 130.35
 (rape in the  first  degree);  former  section  130.40;  former  section
 130.45;  former  section  130.50;  section  130.52  (forcible touching);
 section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
 in  the  third  degree);  section  130.60  (sexual  abuse  in the second
 degree); section 130.65 (sexual abuse  in  the  first  degree);  section
 130.65-a  (aggravated sexual abuse in the fourth degree); section 130.66
 (aggravated sexual abuse in the third degree);  section  130.67  (aggra-
 vated  sexual  abuse  in  the second degree); 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 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 (crimi-
 nal mischief in the third degree); section 145.10 (criminal mischief  in
 the  second  degree);  section  145.12  (criminal  mischief in the first
 degree); SECTION 145.26 (AGGRAVATED CEMETERY DESECRATION IN  THE  SECOND
 DEGREE);  SECTION  145.27  (AGGRAVATED CEMETERY DESECRATION IN THE FIRST
 DEGREE); 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 230.34 (sex trafficking); section 230.34-a (sex
 S. 9297                             4
 
 trafficking of  a  child);  section  240.25  (harassment  in  the  first
 degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
 harassment in the second degree); section 240.50 (falsely  reporting  an
 incident  in  the  third  degree);  section 240.55 (falsely reporting an
 incident in the second degree); section  240.60  (falsely  reporting  an
 incident in the first degree); subdivision one of section 265.03 (crimi-
 nal  possession  of  a  weapon in the second degree); subdivision one of
 section 265.04 (criminal possession of a weapon in  the  first  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 prosecution 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 (crim-
 inal 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  immediately  provided,  however,  if
 section  1  of  part  C of chapter 55 of the laws of 2024 shall not have
 taken effect on or before such date then section one of this  act  shall
 take  effect  on  the  same date and in the same manner as such section,
 takes effect; provided, further, that provisions  of  section  one-a  of
 this  act  shall  take effect on the same date and in the same manner as
 section 2 of part C of chapter 55 of the laws of 2024, takes effect.

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Senate Bill S9297

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Sponsored By

James Tedisco

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

George M. Borrello

Jack M. Martins

Peter Oberacker

Anthony H. Palumbo

2023-S9297 (ACTIVE) - Details

2023-S9297 (ACTIVE) - Summary

2023-S9297 (ACTIVE) - Sponsor Memo

2023-S9297 (ACTIVE) - Bill Text download pdf

Comments