Bill Text: NY S02606 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits the defacing of any public transportation facility and makes it the crime of unlawful graffiti in a transportation facility, a class B misdemeanor; defines "graffiti" and "transportation facility or conveyance".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-26 - REFERRED TO TRANSPORTATION [S02606 Detail]
Download: New_York-2011-S02606-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2606 2011-2012 Regular Sessions I N S E N A T E January 26, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to prohibition against graffiti in transportation facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The transportation law is amended by adding a new section 2 148 to read as follows: 3 S 148. UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILITY. 1. THE FOLLOW- 4 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 (A) "GRAFFITI" MEANS SCRIBBLING, WRITING, SCRATCH, SLOGAN, DRAWING, 6 PAINTING OR INSCRIPTION. 7 (B) "TRANSPORTATION FACILITY OR CONVEYANCE" MEANS ANY CONVEYANCE, 8 PREMISES OR PLACE USED FOR OR IN CONNECTION WITH PUBLIC PASSENGER TRANS- 9 PORTATION, WHETHER BY RAILROAD, SUBWAY OR BUS. IT SHALL INCLUDE RAIL- 10 ROAD CARS, SUBWAY CARS, AND BUSES, AND RAILROAD, SUBWAY AND BUS TERMI- 11 NALS, STATIONS, DEPOTS, MAINTENANCE SHOPS, STORAGE FACILITIES AND ALL 12 APPURTENANCES THERETO, INCLUDING STANCHIONS, PEDESTRIAN BRIDGES, OVER- 13 HEAD BRIDGES AND THEIR ABUTMENTS, UNDERPASSES, RAILROAD TRACKS, TUNNELS 14 AND PLATFORMS. 15 2. A PERSON IS GUILTY OF UNLAWFUL GRAFFITI IN A TRANSPORTATION FACILI- 16 TY WHEN, HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE 17 THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE DEFACES A TRANSPORTATION FACIL- 18 ITY OR CONVEYANCE BY INTENTIONALLY CAUSING GRAFFITI TO BE PLACED IN ANY 19 MANNER ON A TRANSPORTATION FACILITY OR CONVEYANCE. 20 3. UNLAWFUL GRAFFITI IS A CLASS B MISDEMEANOR; PROVIDED, HOWEVER, THAT 21 ANY SENTENCE FOR SUCH CRIME OR ATTEMPT TO COMMIT SUCH CRIME SHALL AT 22 LEAST BE OR INCLUDE A FINE OR A CONDITIONAL DISCHARGE WHICH SHALL 23 INCLUDE AS A CONDITION THAT THE DEFENDANT PERFORM SERVICES FOR A PUBLIC 24 CORPORATION, ASSOCIATION, INSTITUTION OR AGENCY RESPONSIBLE FOR A TRANS- 25 PORTATION FACILITY OR CONVEYANCE. 26 S 2. This act shall take effect on the first of November next 27 succeeding 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. LBD07240-01-1