A9333-2011 Actions

• Feb 16, 2012: referred to codes

A9333-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    9333

                            I N  ASSEMBLY

                              February 16, 2012
                                 ___________

  Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
    Committee on Codes

  AN ACT to amend the penal law, in relation to increasing  penalties  for
    making graffiti

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 145.60 of the penal law, as added by chapter 458 of
  the laws of 1992, is amended to read as follows:

  S 145.60 Making graffiti IN THE SECOND DEGREE.
    [1.] For purposes of this section AND SECTION 145.62 OF THIS  ARTICLE,
  the  term "graffiti" shall mean the etching, painting, covering, drawing
  upon or otherwise placing of a mark upon public or private property with
  intent to damage such property.  A PERSON IS GUILTY OF  MAKING  GRAFFITI
  IN THE SECOND DEGREE WHEN HE OR SHE:

    [2.  No person shall make] MAKES graffiti of any type on any building,
  public or private, or any other property real or personal owned  by  any
  person,  firm  or  corporation  or any public agency or instrumentality,
  without the express permission of the owner or operator of said  proper-
  ty.
    Making graffiti IN THE SECOND DEGREE is a class A misdemeanor.
    S  2.  The penal law is amended by adding a new section 145.62 to read
  as follows:

  S 145.62 MAKING GRAFFITI IN THE FIRST DEGREE.
    A PERSON IS GUILTY OF MAKING GRAFFITI IN THE FIRST  DEGREE  WHEN  SUCH
  PERSON  DAMAGES  PROPERTY  OF  ANOTHER PERSON IN THE MANNER DESCRIBED IN
  SECTION 145.60 OF THIS ARTICLE AND HE OR SHE:

    1. HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF SECTION  145.60  OF
  THIS ARTICLE; OR
    2. DAMAGES PROPERTY IN AN AMOUNT EXCEEDING ONE THOUSAND DOLLARS.
    MAKING GRAFFITI IN THE FIRST DEGREE IS A CLASS E FELONY.
    S 3. This act shall take effect on the first of November next succeed-
  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.
                                                             LBD06337-01-1