Bill Text: NY A01502 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that making graffiti in a manner to promote or encourage gang related activities is a class E felony.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A01502 Detail]

Download: New_York-2013-A01502-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1502
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  GUNTHER, GALEF, SCHIMMINGER, MAISEL, ABBATE,
         CASTRO, HOOPER -- Multi-Sponsored  by  --  M.  of  A.  CORWIN,  FINCH,
         GABRYSZAK,  MAGEE,  McDONOUGH, McKEVITT, THIELE, TITONE, WEISENBERG --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation  to  imposing  penalties  for
         making  graffiti  in  a  manner  to  promote or encourage gang related
         activities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 145.60 of the penal law, as added by chapter 458 of
    2  the laws of 1992, is amended to read as follows:
    3  S 145.60 Making graffiti IN THE SECOND DEGREE.
    4    [1.]  For purposes of this section AND SECTION 145.62 OF THIS ARTICLE,
    5  the term "graffiti" shall mean the etching, painting, covering,  drawing
    6  upon or otherwise placing of a mark upon public or private property with
    7  intent to damage such property.
    8    [2. No person shall make] A PERSON IS GUILTY OF MAKING GRAFFITI IN THE
    9  SECOND DEGREE WHEN HE OR SHE MAKES graffiti of any type on any building,
   10  public  or  private, or any other property real or personal owned by any
   11  person, firm or corporation or any  public  agency  or  instrumentality,
   12  without  the express permission of the owner or operator of said proper-
   13  ty.
   14    Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
   15    S 2. The penal law is amended by adding a new section 145.62  to  read
   16  as follows:
   17  S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
   18    A  PERSON  IS  GUILTY OF MAKING GRAFFITI IN THE FIRST DEGREE WHEN SUCH
   19  PERSON DAMAGES PROPERTY OF ANOTHER PERSON IN  THE  MANNER  DESCRIBED  IN
   20  SECTION  145.60 OF THIS ARTICLE AND HE OR SHE MAKES GRAFFITI IN A MANNER
   21  TO PROMOTE OR ENCOURAGE GANG RELATED ACTIVITIES.
   22    MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
   23    S 3. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02466-01-3