Bill Text: NY S00473 | 2011-2012 | General Assembly | Introduced

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Bill Title: Removes the $250 amount of damage from cemetery desecration in the first degree; makes cemetery desecration in the first degree a Class E felony to apply to any damage or theft regardless of value.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S00473 Detail]

Download: New_York-2011-S00473-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          473
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- 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  cemetery  desecration  in
         the first degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 145.23 of the penal law, as amended by chapter  353
    2  of the laws of 2007, is amended to read as follows:
    3  S 145.23 Cemetery desecration in the first degree.
    4    A  person  is  guilty of cemetery desecration in the first degree when
    5  with intent to damage property of another person, and having no right to
    6  do so nor any reasonable ground to believe  that  he  OR  SHE  has  such
    7  right, he OR SHE:
    8    (a)  damages  any  real  or personal property maintained as a cemetery
    9  plot, grave, burial place or other place of interment of  human  remains
   10  [in an amount exceeding two hundred fifty dollars]; or
   11    (b)  with intent to steal personal property, he OR SHE steals personal
   12  property[, the value of which exceeds two hundred fifty dollars,]  which
   13  is  located  at  a  cemetery plot, grave, burial place or other place of
   14  interment of human remains and which property is owned by the person  or
   15  organization  which maintains or owns such place or the estate, next-of-
   16  kin or representatives of the deceased person interred there; or
   17    (c) commits the crime of cemetery desecration in the second degree  as
   18  defined  in  section  145.22  of  this  article  and has been previously
   19  convicted of the crime of cemetery  desecration  in  the  second  degree
   20  within the preceding five years.
   21    Cemetery desecration in the first degree is a class E felony.
   22    S 2. This act shall take effect on the first of November next succeed-
   23  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.
                                                                  LBD00335-01-1