Bill Text: NY S01934 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that multiple criminal mischief offenses committed as part of a common plan or scheme where there is a hate crime element present in such offenses shall be punishable according to the cumulative damage caused by the commission of such multiple offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-14 - REFERRED TO CODES [S01934 Detail]

Download: New_York-2011-S01934-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1934
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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  multiple  bias-related
         offenses committed as part of a common plan or scheme
         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 485.15  to
    2  read as follows:
    3  S 485.15 MULTIPLE OFFENSES OF CRIMINAL MISCHIEF AS PART OF A COMMON PLAN
    4             OR SCHEME.
    5    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION OF MULTIPLE
    6  OFFENSES,  AS  PART  OF A COMMON PLAN OR SCHEME, OF CRIMINAL MISCHIEF IN
    7  THE THIRD DEGREE AS DEFINED IN SECTION 145.05 OF THIS CHAPTER,  CRIMINAL
    8  MISCHIEF IN THE SECOND DEGREE AS DEFINED IN SECTION 145.10 OF THIS CHAP-
    9  TER,  OR  CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE AS DEFINED IN SECTION
   10  145.12 OF THIS CHAPTER, WHERE  SUCH  OFFENSES  ARE  CLASSIFIED  AS  HATE
   11  CRIMES  PURSUANT  TO  THE  PROVISIONS OF SECTION 485.05 OF THIS ARTICLE,
   12  SHALL BE CONSIDERED CUMULATIVELY IN DETERMINING  THE  ENTIRE  AMOUNT  OF
   13  DAMAGE  TO  PROPERTY CAUSED BY THE COMMISSION OF SUCH OFFENSES AND SHALL
   14  BE PUNISHABLE ACCORDING TO THE CUMULATIVE AMOUNT OF DAMAGE CAUSED BY THE
   15  COMMISSION OF SUCH MULTIPLE OFFENSES.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  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.
                                                                  LBD07149-01-1