S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3073
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M.  of  A. ROZIC, VANEL, HYNDMAN, COOK, GLICK, DINOWITZ,
   COLTON, LAVINE, R. CARROLL, EICHENSTEIN,  SEAWRIGHT,  WILLIAMS,  FALL,
   CRUZ, SAYEGH, JACOBSON, STIRPE, MILLER, REYES, DiPIETRO, GIGLIO, MORI-
   NELLO,  SMULLEN,  DeSTEFANO -- Multi-Sponsored by -- M. of A. SIMON --
   read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in  relation  to  criminal  mischief  and
   larceny  offenses  committed  at  a  place of religious worship and to
   cemetery desecration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
 amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
 vision 3 is added to read as follows:
   2.  damages  property  of  another  person  in an amount exceeding two
 hundred fifty dollars[.]; OR
   3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR  VALUE,  IS  IN
 ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC-
 TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
 INCORPORATED  UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW,
 OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS RELIGIOUS IN NATURE.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.10 Criminal mischief in the second degree.
   A person is guilty of criminal mischief in the 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] SUCH PERSON has such
 right, [he] SUCH PERSON:
   1. damages property of another person in an amount exceeding one thou-
 sand five hundred dollars[.]; OR
   2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS  VESTMENT,
 A  VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06195-01-5
              

 A. 3073                             2
 
 A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR  USED  IN
 CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW, OR USED AS A MUSEUM WHOSE CENTRAL
 PURPOSE IS RELIGIOUS IN NATURE.
   Criminal mischief in the second degree is a class D felony.
   § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
 laws of 2007, is amended to read as follows:
 § 145.22 Cemetery desecration in the [second] THIRD degree.
   A person is guilty of  cemetery  desecration  in  the  [second]  THIRD
 degree  when:    (a) with intent to damage property of another person[,]
 and having no right to do so nor any reasonable ground to  believe  that
 [he]  SUCH  PERSON  has such right, [he] SUCH PERSON damages any real or
 personal property USED OR maintained as a cemetery, MAUSOLEUM, COLUMBAR-
 IUM, LOT, plot, grave, burial place, CRYPT,  VAULT  or  other  place  of
 interment  OR  TEMPORARY  STORAGE  of  human  remains  OR CREMATED HUMAN
 REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE,  URN,
 DECORATION,  FLAG  HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR
 ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY,  MAUSO-
 LEUM,  COLUMBARIUM,  LOT,  PLOT,  GRAVE,  BURIAL PLACE, CRYPT, VAULT, OR
 OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE; or
   (b) with intent to steal personal property, [he]  SUCH  PERSON  steals
 personal  property which is located at a cemetery, MAUSOLEUM, COLUMBARI-
 UM, LOT, plot, grave, burial place,  CRYPT,  VAULT  or  other  place  of
 interment  OR  TEMPORARY  STORAGE  of  human  remains  OR CREMATED HUMAN
 REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE,  URN,
 DECORATION,  FLAG  HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR
 ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY,  MAUSO-
 LEUM,  COLUMBARIUM,  LOT,  PLOT,  GRAVE,  BURIAL PLACE, CRYPT, VAULT, OR
 OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  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 OR STORED there.
   Cemetery  desecration in the [second] THIRD degree is a class A misde-
 meanor.
   § 4. 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]
 SUCH PERSON has such right, [he] SUCH PERSON:
   (a)  damages  any  real  or  personal property USED OR maintained as a
 cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
 VAULT or other place of interment OR TEMPORARY STORAGE of human  remains
 OR  CREMATED  HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
 STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT  THAT
 IS  LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
 CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
 VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE,  in  an  amount
 exceeding two hundred fifty dollars; or
   (b)  with  intent  to steal personal property, [he] SUCH PERSON steals
 personal property, the value of which exceeds two hundred fifty dollars,
 which is located at  a  cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,  plot,
 grave,  burial place, CRYPT, VAULT or other place of interment OR TEMPO-
 A. 3073                             3

 RARY STORAGE of human remains OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
 MENT,  HEADSTONE,  MARKER,  PLAQUE,  STATUE, VASE, URN, DECORATION, FLAG
 HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR  IS
 OTHERWISE  ASSOCIATED  WITH,  ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
 LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE  OF  INTER-
 MENT  OR TEMPORARY STORAGE, 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] THIRD
 degree as defined in section 145.22 of this article and has been  previ-
 ously  convicted  of  the  crime of cemetery desecration in the [second]
 THIRD degree, CEMETERY DESECRATION  IN  THE  SECOND  DEGREE,  AGGRAVATED
 CEMETERY  DESECRATION  IN THE SECOND DEGREE OR AGGRAVATED CEMETERY DESE-
 CRATION IN THE FIRST DEGREE within the preceding five years.
   Cemetery desecration in the [first] SECOND degree is a class E felony.
   § 5. The penal law is amended by adding a new section 145.24  to  read
 as follows:
 § 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF CEMETERY DESECRATION IN THE FIRST DEGREE WHEN,
 WITH INTENT TO DAMAGE PROPERTY OF ANOTHER PERSON AND HAVING NO RIGHT  TO
 DO  SO  NOR  ANY  REASONABLE GROUND TO BELIEVE THAT SUCH PERSON HAS SUCH
 RIGHT, SUCH PERSON:
   (A) DAMAGES ANY REAL OR PERSONAL PROPERTY  USED  OR  MAINTAINED  AS  A
 CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
 VAULT  OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN REMAINS
 OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,  MARKER,  PLAQUE,
 STATUE,  VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
 IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY  SUCH
 CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
 VAULT,  OR  OTHER  PLACE OF INTERMENT OR TEMPORARY STORAGE, IN AN AMOUNT
 EXCEEDING TWO THOUSAND DOLLARS; OR
   (B) WITH  INTENT  TO  STEAL  PERSONAL  PROPERTY,  SUCH  PERSON  STEALS
 PERSONAL  PROPERTY,  THE  VALUE  OF  WHICH EXCEEDS TWO THOUSAND DOLLARS,
 WHICH IS LOCATED AT  A  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,  LOT,  PLOT,
 GRAVE,  BURIAL PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPO-
 RARY STORAGE OF HUMAN REMAINS OR CREMATED HUMAN REMAINS,  OR  ANY  MONU-
 MENT,  HEADSTONE,  MARKER,  MEMORIAL,  PLAQUE,  STATUE, VASE, URN, DECO-
 RATION, FLAG HOLDER, OR  OTHER  EMBELLISHMENT  THAT  IS  LOCATED  ON  OR
 ADJACENT  TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSO-
 LEUM, COLUMBARIUM, LOT, PLOT, GRAVE,  BURIAL  PLACE,  CRYPT,  VAULT,  OR
 OTHER  PLACE  OF  INTERMENT  OR TEMPORARY STORAGE, 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  145.23  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
 CONVICTED OF THE CRIME OF CEMETERY  DESECRATION  IN  THE  THIRD  DEGREE,
 CEMETERY  DESECRATION  IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE
 FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE  SECOND  DEGREE  OR
 AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
   CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
   §  6.  Section  60.29 of the penal law, as added by chapter 165 of the
 laws of 1997, is amended to read as follows:
 § 60.29 Authorized disposition; cemetery desecration.
   When a person is convicted of an offense  defined  in  section  145.22
 [or],  145.23, OR 145.24 of this chapter or of an attempt to commit such
 A. 3073                             4
 
 an offense, and the sentence imposed by the court  for  such  conviction
 includes a sentence of probation or conditional discharge, such sentence
 shall,  where appropriate, be in accordance with paragraph (h) of subdi-
 vision  two  of  section  65.10  of this [article] TITLE as such section
 relates to cemetery crime.
   § 7. 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 of substance abuse services, services in an appropriate
 community program for removal of graffiti from public or private proper-
 ty, including  any  property  damaged  in  the  underlying  offense,  or
 services  for  the  maintenance  and repair of real or personal property
 USED OR maintained as a cemetery,  MAUSOLEUM,  COLUMBARIUM,  LOT,  plot,
 grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
 RARY  STORAGE  of  human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
 MENT, HEADSTONE, MARKER, PLAQUE, STATUE,  VASE,  URN,  DECORATION,  FLAG
 HOLDER,  OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
 OTHERWISE ASSOCIATED WITH, ANY SUCH  CEMETERY,  MAUSOLEUM,  COLUMBARIUM,
 LOT,  PLOT,  GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
 MENT OR TEMPORARY STORAGE.  Provided, however, that the  performance  of
 any such services shall not result in the displacement of employed work-
 ers  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 subdi-
 vision three of section 410.90 of the criminal procedure 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 conditions of such service;
   §  8.  Subdivision 9 of section 155.30 of the penal law, as amended by
 section 1 of part FF of chapter 55 of the laws of 2024,  is  amended  to
 read as follows:
   9.  The  property [consists of a scroll, religious vestment, a vessel,
 an item comprising a display of religious symbols which forms  a  repre-
 sentative  expression  of faith, or other miscellaneous item of property
 which:
   (a) has a value of at least one hundred dollars; and
   (b) is kept for or used in  connection  with  religious  worship  in],
 REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
 or  upon  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 the education law; or
   §  9. Section 155.35 of the penal law, as amended by section 5 of part
 O of chapter 55 of the laws of 2024, subdivision 2 as separately amended
 and subdivision 3 as added by section 2 of part FF of chapter 55 of  the
 laws of 2024, is amended to read as follows:
 § 155.35 Grand larceny in the third degree.
   A  person  is  guilty  of  grand larceny in the third degree when such
 person steals property and:
   1. when the value of the property exceeds three thousand dollars, or
   2. the property is an automated teller machine or the contents  of  an
 automated teller machine, or
 A. 3073                             5
 
   3.  the property consists of retail goods or merchandise stolen pursu-
 ant to a common scheme or plan or a single, ongoing  intent  to  deprive
 another  or others of the property or to appropriate the property to the
 actor or another person and the value  of  the  property  exceeds  three
 thousand  dollars,  which value may be determined by the aggregate value
 of all such property regardless of whether the goods or merchandise were
 stolen from the same owner. Nothing in this subdivision shall be read to
 limit the ability to aggregate the value of any property or the  ability
 to  charge  the  larceny  of  retail  goods or merchandise under another
 applicable provision of law[.], OR
   [3.] 4. when such person commits deed theft  of  one  commercial  real
 property, regardless of the value[.], OR
   5.  THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
 AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
 TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN  CONNECTION
 WITH  RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON 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 THE EDUCATION LAW, OR USED AS A MUSEUM WHOSE CENTRAL  PURPOSE  IS
 RELIGIOUS IN NATURE.
   Grand larceny in the third degree is a class D felony.
   §  10.  Subdivisions 3 of section 155.40 of the penal law, as added by
 section 3 of part FF of chapter 55 and section 6 of part O of chapter 56
 of the laws of 2024, are amended and a new subdivision  5  is  added  to
 read as follows:
   3.  The property consists of retail goods or merchandise stolen pursu-
 ant to a common scheme or plan or a single, ongoing  intent  to  deprive
 another  or others of the property or to appropriate the property to the
 actor or another person and the value  of  the  property  exceeds  fifty
 thousand  dollars,  which value may be determined by the aggregate value
 of all such property regardless of whether the goods or merchandise were
 stolen from the same owner. Nothing in this subdivision shall be read to
 limit the ability to aggregate the value of any property or the  ability
 to  charge  the  larceny  of  retail  goods or merchandise under another
 applicable provision of law[.]; OR
   [3.] 4. Such person commits deed theft, regardless of the  value,  of:
 (a) one residential real property; or (b) one commercial mixed-use prop-
 erty  with  at least one residential unit; or (c) two or more commercial
 properties[.]; OR
   5. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A  VESSEL,
 AN  ITEM  COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE-
 SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
   (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
   (B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS  WORSHIP  IN  ANY
 BUILDING,  STRUCTURE OR UPON 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 THE EDUCATION LAW,
 OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS RELIGIOUS IN NATURE.
   § 11. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.