Bill Text: NY A02768 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides certain criminal penalties for the desecration of a military monument; makes the desecration of a military monument a class A misdemeanor; defines military monument.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A02768 Detail]
Download: New_York-2017-A02768-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2768 2017-2018 Regular Sessions IN ASSEMBLY January 23, 2017 ___________ Introduced by M. of A. ZEBROWSKI, ABBATE, HEVESI, SCHIMMINGER, LUPARDO, GALEF, ROSENTHAL, TITONE, GUNTHER, CUSICK -- Multi-Sponsored by -- M. of A. HOOPER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to providing certain criminal penalties for damage to military monuments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 145.24 to 2 read as follows: 3 § 145.24 Desecration of a military monument. 4 A person is guilty of desecration of a military monument when with 5 intent to damage property, and having no right to do so nor any reason- 6 able ground to believe that he or she has such right, he or she damages 7 any real or personal property maintained as a military monument. A 8 "military monument", for the purposes of this section, is any monument 9 that was erected with the intent to honor a current or former member or 10 members of the armed forces or to mark or commemorate a past military 11 action or battle. 12 Desecration of a military monument is a class A misdemeanor. 13 § 2. Section 60.29 of the penal law, as added by chapter 165 of the 14 laws of 1997, is amended to read as follows: 15 § 60.29 Authorized disposition; cemetery or military monument dese- 16 cration. 17 When a person is convicted of an offense defined in section 145.22 18 [or], 145.23 or 145.24 of this chapter or of an attempt to commit such 19 an offense, and the sentence imposed by the court for such conviction 20 includes a sentence of probation or conditional discharge, such sentence 21 shall, where appropriate, be in accordance with paragraph (h) of subdi- 22 vision two of section 65.10 of this [article] title as such section 23 relates to cemetery or military monument crime. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07798-01-7A. 2768 2 1 § 3. Paragraph (h) of subdivision 2 of section 65.10 of the penal law, 2 as amended by chapter 508 of the laws of 2001, is amended to read as 3 follows: 4 (h) Perform services for a public or not-for-profit corporation, asso- 5 ciation, institution or agency, including but not limited to services 6 for the division of substance abuse services, services in an appropriate 7 community program for removal of graffiti from public or private proper- 8 ty, including any property damaged in the underlying offense, or 9 services for the maintenance and repair of real or personal property 10 maintained as a cemetery plot, grave, burial place or other place of 11 interment of human remains or a military monument. Provided however, 12 that the performance of any such services shall not result in the 13 displacement of employed workers or in the impairment of existing 14 contracts for services, nor shall the performance of any such services 15 be required or permitted in any establishment involved in any labor 16 strike or lockout. The court may establish provisions for the early 17 termination of a sentence of probation or conditional discharge pursuant 18 to the provisions of subdivision three of section 410.90 of the criminal 19 procedure law after such services have been completed. Such sentence may 20 only be imposed upon conviction of a misdemeanor, violation, or class D 21 or class E felony, or a youthful offender finding replacing any such 22 conviction, where the defendant has consented to the amount and condi- 23 tions of such service; 24 § 4. This act shall take effect on the first of November next succeed- 25 ing the date on which it shall have become a law.