Bill Text: NY A00701 | 2021-2022 | General Assembly | Introduced


Bill Title: Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

Spectrum: Moderate Partisan Bill (Democrat 33-9)

Status: (Introduced) 2021-01-06 - referred to codes [A00701 Detail]

Download: New_York-2021-A00701-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           701

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of A. ROZIC, VANEL, ZEBROWSKI, ENGLEBRIGHT, HYNDMAN,
          COOK, GLICK, DINOWITZ, GUNTHER, COLTON, LAVINE, GALEF,  NIOU,  ABBATE,
          CARROLL,   GRIFFIN,  EICHENSTEIN,  D. ROSENTHAL,  DICKENS,  SEAWRIGHT,
          THIELE, WILLIAMS, FALL, CRUZ, SAYEGH, JACOBSON, STIRPE,  REYES,  McDO-
          NOUGH,  DiPIETRO, J. M. GIGLIO, MONTESANO, B. MILLER, MORINELLO, SMUL-
          LEN, DeSTEFANO, WALCZYK -- Multi-Sponsored by -- M. of A.  DE LA ROSA,
          FRONTUS,  M. MILLER,  NOLAN,  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:

     1    Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
     2  amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
     3  vision 3 is added to read as follows:
     4    2.  damages  property  of  another  person  in an amount exceeding two
     5  hundred fifty dollars[.]; or
     6    3. damages property which, regardless of its nature or  value,  is  in
     7  any building, structure or upon the curtilage of such building or struc-
     8  ture used as a place of religious worship by a religious corporation, as
     9  incorporated  under the religious corporations law or the education law,
    10  or used as a museum whose central purpose is religious in nature.
    11    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
    12  laws of 1971, is amended to read as follows:
    13  § 145.10 Criminal mischief in the second degree.
    14    A person is guilty of criminal mischief in the second degree when with
    15  intent to damage property of another person, and having no right  to  do
    16  so  nor  any reasonable ground to believe that he or she has such right,
    17  he or she:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01007-01-1

        A. 701                              2

     1    1. damages property of another person in an amount exceeding one thou-
     2  sand five hundred dollars[.]; or
     3    2.  damages property which consists of a scroll, a religious vestment,
     4  a vessel, an item comprising a display of religious symbols which  forms
     5  a  representative  expression of faith or any other item kept or used in
     6  connection with religious worship in any building, structure or upon the
     7  curtilage of such building or structure used as  a  place  of  religious
     8  worship  by a religious corporation, as incorporated under the religious
     9  corporations law or the education law, or used as a museum whose central
    10  purpose is religious in nature.
    11    Criminal mischief in the second degree is a class D felony.
    12    § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
    13  laws of 2007, is amended to read as follows:
    14  § 145.22 Cemetery desecration in the [second] third degree.
    15    A person is guilty of  cemetery  desecration  in  the  [second]  third
    16  degree  when:    (a) with intent to damage property of another person[,]
    17  and having no right to do so nor any reasonable ground to  believe  that
    18  he or she has such right, he or she damages any real or personal proper-
    19  ty  used or maintained as a cemetery, mausoleum, columbarium, lot, plot,
    20  grave, burial place, crypt, vault or other place of interment or  tempo-
    21  rary  storage  of  human remains or cremated human remains, or any monu-
    22  ment, headstone, marker, plaque, statue,  vase,  urn,  decoration,  flag
    23  holder,  or other embellishment that is located on or adjacent to, or is
    24  otherwise associated with, any such  cemetery,  mausoleum,  columbarium,
    25  lot,  plot,  grave, burial place, crypt, vault, or other place of inter-
    26  ment or temporary storage; or
    27    (b) with intent to steal personal property, he or she steals  personal
    28  property  which  is  located at a cemetery, mausoleum, columbarium, lot,
    29  plot, grave, burial place, crypt, vault or other place of  interment  or
    30  temporary  storage  of  human  remains or cremated human remains, or any
    31  monument, headstone, marker, plaque, statue, vase, urn, decoration, flag
    32  holder, or other embellishment that is located on or adjacent to, or  is
    33  otherwise  associated  with,  any such cemetery, mausoleum, columbarium,
    34  lot, plot, grave, burial place, crypt, vault, or other place  of  inter-
    35  ment  or temporary storage, and which property is owned by the person or
    36  organization which maintains or owns such place or the estate,  next-of-
    37  kin or representatives of the deceased person interred or stored there.
    38    Cemetery  desecration in the [second] third degree is a class A misde-
    39  meanor.
    40    § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
    41  laws of 2007, is amended to read as follows:
    42  § 145.23 Cemetery desecration in the [first] second degree.
    43    A person is guilty of  cemetery  desecration  in  the  [first]  second
    44  degree  when,  with  intent  to damage property of another person[,] and
    45  having no right to do so nor any reasonable ground to believe that he or
    46  she has such right, he or she:
    47    (a) damages any real or personal property  used  or  maintained  as  a
    48  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    49  vault  or other place of interment or temporary storage of human remains
    50  or cremated human remains, or any monument, headstone,  marker,  plaque,
    51  statue,  vase, urn, decoration, flag holder, or other embellishment that
    52  is located on or adjacent to, or is otherwise associated with, any  such
    53  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    54  vault,  or  other  place of interment or temporary storage, in an amount
    55  exceeding two hundred fifty dollars; or

        A. 701                              3

     1    (b) with intent to steal personal property, he or she steals  personal
     2  property, the value of which exceeds two hundred fifty dollars, which is
     3  located  at a cemetery, mausoleum, columbarium, lot, plot, grave, burial
     4  place, crypt, vault or other place of interment or temporary storage  of
     5  human  remains  or  cremated  human remains, or any monument, headstone,
     6  marker, plaque, statue, vase, urn, decoration,  flag  holder,  or  other
     7  embellishment that is located on or adjacent to, or is otherwise associ-
     8  ated  with, any such cemetery, mausoleum, columbarium, lot, plot, grave,
     9  burial place, crypt, vault, or other place  of  interment  or  temporary
    10  storage, and which property is owned by the person or organization which
    11  maintains  or  owns  such  place or the estate, next-of-kin or represen-
    12  tatives of the deceased person interred there; or
    13    (c) commits the crime of cemetery desecration in  the  [second]  third
    14  degree  as defined in section 145.22 of this article and has been previ-
    15  ously convicted of the crime of cemetery  desecration  in  the  [second]
    16  third  degree,  cemetery  desecration  in  the second degree, aggravated
    17  cemetery desecration in the second degree or aggravated  cemetery  dese-
    18  cration in the first degree within the preceding five years.
    19    Cemetery desecration in the [first] second degree is a class E felony.
    20    §  5.  The penal law is amended by adding a new section 145.24 to read
    21  as follows:
    22  § 145.24 Cemetery desecration in the first degree.
    23    A person is guilty of cemetery desecration in the first  degree  when,
    24  with  intent to damage property of another person and having no right to
    25  do so nor any reasonable ground to believe  that  he  or  she  has  such
    26  right, he or she:
    27    (a)  damages  any  real  or  personal property used or maintained as a
    28  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    29  vault or other place of interment or temporary storage of human  remains
    30  or  cremated  human remains, or any monument, headstone, marker, plaque,
    31  statue, vase, urn, decoration, flag holder, or other embellishment  that
    32  is  located on or adjacent to, or is otherwise associated with, any such
    33  cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
    34  vault, or other place of interment or temporary storage,  in  an  amount
    35  exceeding two thousand dollars; or
    36    (b)  with intent to steal personal property, he or she steals personal
    37  property, the value of which exceeds  two  thousand  dollars,  which  is
    38  located  at a cemetery, mausoleum, columbarium, lot, plot, grave, burial
    39  place, crypt, vault or other place of interment or temporary storage  of
    40  human  remains  or  cremated  human remains, or any monument, headstone,
    41  marker, memorial, plaque, statue, vase, urn, decoration, flag holder, or
    42  other embellishment that is located on or adjacent to, or  is  otherwise
    43  associated  with,  any such cemetery, mausoleum, columbarium, lot, plot,
    44  grave, burial place, crypt, vault, or other place of interment or tempo-
    45  rary storage, and which property is owned by the person or  organization
    46  which  maintains or owns such place or the estate, next-of-kin or repre-
    47  sentatives of the deceased person interred there; or
    48    (c) commits the crime of cemetery desecration in the second degree  as
    49  defined  in  section  145.23  of  this  article  and has been previously
    50  convicted of the crime of cemetery  desecration  in  the  third  degree,
    51  cemetery  desecration  in the second degree, cemetery desecration in the
    52  first degree, aggravated cemetery desecration in the  second  degree  or
    53  aggravated cemetery desecration in the first degree.
    54    Cemetery desecration in the first degree is a class D felony.
    55    §  6.  Section  60.29 of the penal law, as added by chapter 165 of the
    56  laws of 1997, is amended to read as follows:

        A. 701                              4

     1  § 60.29 Authorized disposition; cemetery desecration.
     2    When  a  person  is  convicted of an offense defined in section 145.22
     3  [or], 145.23, or 145.24 of this chapter or of an attempt to commit  such
     4  an  offense,  and  the sentence imposed by the court for such conviction
     5  includes a sentence of probation or conditional discharge, such sentence
     6  shall, where appropriate, be in accordance with paragraph (h) of  subdi-
     7  vision  two  of  section  65.10  of this [article] title as such section
     8  relates to cemetery crime.
     9    § 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
    10  as amended by chapter 508 of the laws of 2001, is  amended  to  read  as
    11  follows:
    12    (h) Perform services for a public or not-for-profit corporation, asso-
    13  ciation,  institution,  or agency, including but not limited to services
    14  for the division of substance abuse services, services in an appropriate
    15  community program for removal of graffiti from public or private proper-
    16  ty, including  any  property  damaged  in  the  underlying  offense,  or
    17  services  for  the  maintenance  and repair of real or personal property
    18  used or maintained as a cemetery,  mausoleum,  columbarium,  lot,  plot,
    19  grave, burial place, crypt, vault, or other place of interment or tempo-
    20  rary  storage  of  human remains or cremated human remains, or any monu-
    21  ment, headstone, marker, plaque, statue,  vase,  urn,  decoration,  flag
    22  holder,  or other embellishment that is located on or adjacent to, or is
    23  otherwise associated with, any such  cemetery,  mausoleum,  columbarium,
    24  lot,  plot,  grave, burial place, crypt, vault, or other place of inter-
    25  ment or temporary storage.  Provided, however, that the  performance  of
    26  any such services shall not result in the displacement of employed work-
    27  ers  or  in the impairment of existing contracts for services, nor shall
    28  the performance of any such services be required  or  permitted  in  any
    29  establishment  involved  in  any labor strike or lockout.  The court may
    30  establish  provisions  for  the  early  termination  of  a  sentence  of
    31  probation  or conditional discharge pursuant to the provisions of subdi-
    32  vision three of section 410.90 of the criminal procedure law after  such
    33  services  have  been  completed.  Such sentence may only be imposed upon
    34  conviction of a misdemeanor, violation, or class D or class E felony, or
    35  a youthful offender finding replacing any  such  conviction,  where  the
    36  defendant has consented to the amount and conditions of such service;
    37    §  8.  Subdivision 9 of section 155.30 of the penal law, as amended by
    38  chapter 479 of the laws of 2010, is amended to read as follows:
    39    9. The property [consists of a scroll, religious vestment,  a  vessel,
    40  an  item  comprising a display of religious symbols which forms a repre-
    41  sentative expression of faith, or other miscellaneous item  of  property
    42  which:
    43    (a) has a value of at least one hundred dollars; and
    44    (b)  is  kept  for  or  used in connection with religious worship in],
    45  regardless of its nature or value, is taken from any building, structure
    46  or upon the curtilage of such building or structure used as a  place  of
    47  religious  worship by a religious corporation, as incorporated under the
    48  religious corporations law or the education law.
    49    § 9. Section 155.35 of the penal law, as amended by chapter 464 of the
    50  laws of 2010, is amended to read as follows:
    51  § 155.35 Grand larceny in the third degree.
    52    A person is guilty of grand larceny in the third degree when he or she
    53  steals property and:
    54    1. when the value of the property exceeds three  thousand  dollars[,];
    55  or

        A. 701                              5

     1    2.  the  property is an automated teller machine or the contents of an
     2  automated teller machine[.]; or
     3    3.  the property consists of a scroll, a religious vestment, a vessel,
     4  an item comprising a display of religious symbols which form a represen-
     5  tative  expression of faith or any other item kept or used in connection
     6  with religious worship in any building, structure or upon the  curtilage
     7  of  such building or structure used as a place of religious worship by a
     8  religious corporation, as incorporated under the religious  corporations
     9  law  or  the education law, or used as a museum whose central purpose is
    10  religious in nature.
    11    Grand larceny in the third degree is a class D felony.
    12    § 10. Subdivision 2 of section 155.40 of the penal law, as amended  by
    13  chapter  515  of the laws of 1986, is amended and a new subdivision 3 is
    14  added to read as follows:
    15    2. The property, regardless of its nature and value,  is  obtained  by
    16  extortion committed by instilling in the victim a fear that the actor or
    17  another  person  will  (a)  cause  physical injury to some person in the
    18  future, or (b) cause damage to property, or (c) use or abuse  his  posi-
    19  tion as a public servant by engaging in conduct within or related to his
    20  official  duties, or by failing or refusing to perform an official duty,
    21  in such manner as to affect some person adversely[.]; or
    22    3. The property consists of a scroll, a religious vestment, a  vessel,
    23  an  item  comprising a display of religious symbols which forms a repre-
    24  sentative expression of faith, or other item of property which:
    25    (a) has a value of at least two hundred fifty dollars; and
    26    (b) is kept for or used in connection with religious  worship  in  any
    27  building,  structure or upon the curtilage of such building or structure
    28  used as a place of religious worship  by  a  religious  corporation,  as
    29  incorporated  under the religious corporations law or the education law,
    30  or used as a museum whose central purpose is religious in nature.
    31    § 11. This act shall  take  effect  on  the  first  of  November  next
    32  succeeding the date on which it shall have become a law.
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