Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2016 |
referred to codes delivered to assembly passed senate |
Mar 30, 2016 |
advanced to third reading |
Mar 29, 2016 |
2nd report cal. |
Mar 28, 2016 |
1st report cal.460 |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
Jun 09, 2015 |
referred to codes delivered to assembly passed senate |
Jun 08, 2015 |
ordered to third reading cal.1343 committee discharged and committed to rules |
Jan 08, 2015 |
referred to codes |
Senate Bill S1104
2015-2016 Legislative Session
Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: May 3, 2016
aye (56)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (4)
-
-
-
Floor Vote: Jun 9, 2015
aye (59)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (3)excused (1)
-
Jun 8, 2015 - Rules Committee Vote
S110422Aye2Nay1Aye with Reservations0Absent0Excused0Abstained-
-
Rules Committee Vote: Jun 8, 2015
aye (22)nay (2)aye wr (1)
-
-
-
co-Sponsors
(D) 15th Senate District
(D) Senate District
(D) 22nd Senate District
(R, C, IP) Senate District
(D) Senate District
(R, C) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(D) 11th Senate District
2015-S1104 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10388
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd Pen L, generally
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S6338, A9288
2013-2014: S2368, A3514
2017-2018: S1786, A1334
2019-2020: S502, A3550
2021-2022: S394, A701
2023-2024: A1215
2015-S1104 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1104 TITLE OF BILL: An act to amend the penal law, in relation to criminal mischief and larceny offenses committed at a place of religious worship and to cemetery desecration PURPOSE: The purpose of this bill is two-fold. First, to enhance the criminal penalties for damaging property in any house of worship and to heighten the criminal penalties for stealing or damaging religious objects from within a house of worship or its curtilage. Second, to add a heightened criminal penalty for desecrating a cemetery with the intent to steal property within such cemetery or incur damage of property that is valued over $2,000. SUMMARY OF PROVISIONS: Section 1: Adds a new Penal Law section 145.05(3) that relates to criminal mischief in the 3rd Degree. This provision makes it the crime of criminal mischief in the 3rd degree if anyone damages any property, regardless of its nature or value, in any building, structure, or upon the curtilage of such building that is used as a place of religious worship. This type of criminal mischief is a class E felony. Under current law, the property must have a value exceeding $250 or a similar crime had been committed previously by the same person.
Section 2: Amends Penal. Law section 145.10 that relates to criminal mischief in the 2nd Degree. This provision makes it a crime of criminal mischief in the 2nd Degree if any damage occurs specifically to a scroll, religious vestment, vessel, an item comprising of a display or a religious symbol, or any other item kept or used in connection with religious worship in any building, structure, or upon the cuitiage of such building that is used as a place of worship, regardless of the value of such property. Under current law, such property must have a value of $1,500 or more to be convicted of this crime. While under this bill, any specifically articulated religious items damaged would trigger this crime. This type of crime is a class D Felony. Section 3: Amends Penal Law section 145.22 to redesignate the crime of cemetery desecration in the second degree to become cemetery desecration in the third degree. In addition, it makes this statute more specific as to the kinds of property that is included within the purview of this statute. Cemetery desecration in the third degree is a class A misdemeanor. Section 4: Amends Penal Law section 145.23 to redesignate the crime of cemetery desecration in the first degree to become cemetery desecration in the second degree.In addition, it makes this statute more specific as to the kinds of property that is included within the purview of this statute. under current law and this bill, this provision relates to damaged or stolen property within a cemetery that is valued at above $250. Cemetery desecration in the second degree is a E Felony. Section 5: Adds a new Penal Law section 145.24 entitled Cemetery desecration in the first degree. Under this new crime, cemetery property or property located within a cemetery valued at more than $2,000 that is damaged or stolen by a perpetrator will be punishable as a class D Felony. Section 6: Amends Penal Law section 60.29 to include conforming changes that make reference to the new crime categories created under this bill Section 7: Amends Penal Law section 65.10 to allow a court to impose on those who violate Penal Law Article 145 a community service requirement to be served at a desecrated cemetery to help compensate for their property losses as a condition for probation or conditional release. Section 8: Amends Penal Law section 155.30(9)that relates to grand larceny in the fourth degree. Violation of this section of the Penal Law is a class E Felony. Under current law, this section is violated if specific religious property such as a scroll, religious vestment, vessel or other item is stolen and such item has a value of $100 or more and it is used in connection with religious worship. Under the Provisions of this bill, any property taken from structure or building used for religious worship, regardless of the property's value or what the property is, is considered to be a violation of Penal Law section 155.30. Section 9: Amends Penal Law section 155.35 that relates to grand larceny in the 3rd Degree. Under this bill, certain specified religious property such as a scroll, religious vestment, vessel or other religious items that is stolen from a house of worship, regardless of its value, shall be a class D felony. Currently, under this section of law, the property must have a value in excess of $3,000. Section 10: Amends Penal Law section 155.40(2) that relates to grand larceny in the 2nd degree. This provision heightens the penalty for the theft of specific religious items in a house of worship such as a scroll, vestment, vessel and other items that represent a religious faith and such items have a value of $250.00 and such items are used in connection with religious worship in any house of worship. Violation of this crime is a class C felony. Under current law, the value of such Property must be more than $50,000 or such property was obtained my means such as extortion. Section 11: Effective Date. JUSTIFICATION: It is important for us, as a society, to impose the appropriate criminal sanctions for those persons who: a) willfully enter into a house of worship to either destroy any property in such building or structure that serves as a house of worship or, b)to desecrate a cemetery by either destroying property located within such cemetery or stealing property for the perpetrator's own profit. Further, for those that enter into a house of worship or a cemetery to steal any items, especially religious items, the criminal penalties for such acts need to be enhanced. Many religious congregations wish to keep their houses of worship open to the public for at least part of the week and for general convenience so that members of their community or the public at large may enter into a house of worship to reflect or to pray. With all of our busy schedules, it is important that such houses of worship can remain open at convenient times during the week so that we may all have the ability to enter into such houses to reflect and to pray. Recently, there has been a series of violations of houses of worship in the Bronx and the theft of sacred religious property and other types of damage to such houses of God. It is important for us, as a society, to protect religious houses so that they may remain open for all of us to use. Further, such places must be protected from acts of violence, or the destruction of their property, especially sacred religious property. Much of this property has not only religious significance, which merits its enhanced protection, but historical and cultural significance. Further, much of these religious items are irreplaceable. These religious places of worship must be protected for the benefit of our communities and so that they may be used by future generations. This bill also enhances the penalties for those who damage cemetery property, steal such property for the perpetrator's own profit, or have been convicted of repeated property crime offenses against cemeteries. With the increasing value of scrap metals such as brass, copper, bronze and iron, there has been an increasing number thefts of valuable metals from such cemeteries. Items such as plaques, vases, flag holders, badges, shields and other metal items within a cemetery have been subject to a heightened number of thefts in recent years. Under current law, the monetary threshold for the crimes of cemetery desecration are relatively low since the general public views theft or damage of property within such burial places as a more serious event. However, for those who steal or illegally remove valuable metals and other property from such cemeteries for profit, the penalty is the same whether $250 of property has been stolen or $100,000 worth of such memorials, metals, and other property. This bill heightens the criminal sanctions for those who are entering into cemeteries to steal valuable metals and other items for profit. LEGISLATIVE HISTORY: 2014 - S. 2368, Passed Senate Similar to S. 6338 of 2012, Passed Senate FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become law.
2015-S1104 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1104 2015-2016 Regular Sessions I N S E N A T E January 8, 2015 ___________ Introduced by Sens. KLEIN, ADDABBO, DIAZ, FELDER, GOLDEN, MARCELLINO, RANZENHOFER, STAVISKY -- 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 criminal mischief and larceny offenses committed at a place of religious worship and to cemetery desecration THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 145.05 of the penal law, as amended by chapter 276 of the laws of 2003, is amended and a new subdi- vision 3 is added to read as follows: 2. damages property of another person in an amount exceeding two hundred fifty dollars[.]; OR 3. DAMAGES PROPERTY WHICH, REGARDLESS OF ITS NATURE OR VALUE, IS IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUC- TURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW. S 2. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to read as follows: S 145.10 Criminal mischief in the second degree. A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he OR SHE has such right, he OR SHE: 1. damages property of another person in an amount exceeding one thou- sand five hundred dollars[.]; OR 2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00418-01-5
S. 1104 2 WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW. Criminal mischief in the second degree is a class D felony. S 3. Section 145.22 of the penal law, as amended by chapter 353 of the laws of 2007, is amended to read as follows: S 145.22 Cemetery desecration in the [second] THIRD degree. A person is guilty of cemetery desecration in the [second] THIRD degree when: (a) with intent to damage property of another person[,] and having no right to do so nor any reasonable ground to believe that he OR SHE has such right, he OR SHE damages any real or personal proper- ty USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT, VAULT or other place of interment OR TEMPO- RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU- MENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER- MENT OR TEMPORARY STORAGE; or (b) with intent to steal personal property, he OR SHE steals personal property which is located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER- MENT OR TEMPORARY STORAGE, and which property is owned by the person or organization which maintains or owns such place or the estate, next-of- kin or representatives of the deceased person interred OR STORED there. Cemetery desecration in the [second] THIRD degree is a class A misde- meanor. S 4. Section 145.23 of the penal law, as amended by chapter 353 of the laws of 2007, is amended to read as follows: S 145.23 Cemetery desecration in the [first] SECOND degree. A person is guilty of cemetery desecration in the [first] SECOND degree when, with intent to damage property of another person[,] and having no right to do so nor any reasonable ground to believe that he OR SHE has such right, he OR SHE: (a) damages any real or personal property USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount exceeding two hundred fifty dollars; or (b) with intent to steal personal property, he OR SHE steals personal property, the value of which exceeds two hundred fifty dollars, which is located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI- ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY S. 1104 3 STORAGE, and which property is owned by the person or organization which maintains or owns such place or the estate, next-of-kin or represen- tatives of the deceased person interred there; or (c) commits the crime of cemetery desecration in the [second] THIRD degree as defined in section 145.22 of this article and has been previ- ously convicted of the crime of cemetery desecration in the [second] THIRD degree, CEMETERY DESECRATION IN THE SECOND DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED CEMETERY DESE- CRATION IN THE FIRST DEGREE within the preceding five years. Cemetery desecration in the [first] SECOND degree is a class E felony. S 5. The penal law is amended by adding a new section 145.24 to read as follows: S 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE. A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST DEGREE WHEN, WITH INTENT TO DAMAGE PROPERTY OF ANOTHER PERSON AND HAVING NO RIGHT TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE: (A) DAMAGES ANY REAL OR PERSONAL PROPERTY USED OR MAINTAINED AS A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN REMAINS OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE, IN AN AMOUNT EXCEEDING TWO THOUSAND DOLLARS; OR (B) WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS PERSONAL PROPERTY, THE VALUE OF WHICH EXCEEDS TWO THOUSAND DOLLARS, WHICH IS LOCATED AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN REMAINS OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO- RARY STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR ORGANIZATION WHICH MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR REPRE- SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR (C) COMMITS THE CRIME OF CEMETERY DESECRATION IN THE SECOND DEGREE AS DEFINED IN SECTION 145.23 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF CEMETERY DESECRATION IN THE THIRD DEGREE, CEMETERY DESECRATION IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE. CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY. S 6. Section 60.29 of the penal law, as added by chapter 165 of the laws of 1997, is amended to read as follows: S 60.29 Authorized disposition; cemetery desecration. When a person is convicted of an offense defined in section 145.22 [or], 145.23, OR 145.24 of this chapter or of an attempt to commit such an offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, such sentence shall, where appropriate, be in accordance with paragraph (h) of subdi- vision two of section 65.10 of this [article] TITLE as such section relates to cemetery crime. S. 1104 4 S 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law, as amended by chapter 508 of the laws of 2001, is amended to read as follows: (h) Perform services for a public or not-for-profit corporation, asso- ciation, institution, or agency, including but not limited to services for the division of substance abuse services, services in an appropriate community program for removal of graffiti from public or private proper- ty, including any property damaged in the underlying offense, or services for the maintenance and repair of real or personal property USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO- RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU- MENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER- MENT OR TEMPORARY STORAGE. Provided, however, that the performance of any such services shall not result in the displacement of employed work- ers or in the impairment of existing contracts for services, nor shall the performance of any such services be required or permitted in any establishment involved in any labor strike or lockout. The court may establish provisions for the early termination of a sentence of probation or conditional discharge pursuant to the provisions of subdi- vision three of section 410.90 of the criminal procedure law after such services have been completed. Such sentence may only be imposed upon conviction of a misdemeanor, violation, or class D or class E felony, or a youthful offender finding replacing any such conviction, where the defendant has consented to the amount and conditions of such service; S 8. Subdivision 9 of section 155.30 of the penal law, as amended by chapter 479 of the laws of 2010, is amended to read as follows: 9. The property [consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a repre- sentative expression of faith, or other miscellaneous item of property which: (a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship in], REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law. S 9. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: S 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and: 1. when the value of the property exceeds three thousand dollars[,]; or 2. the property is an automated teller machine or the contents of an automated teller machine[.]; OR 3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN- TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW. S. 1104 5 Grand larceny in the third degree is a class D felony. S 10. Subdivision 2 of section 155.40 of the penal law, as amended by chapter 515 of the laws of 1986, is amended and a new subdivision 3 is added to read as follows: 2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his posi- tion as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely[.]; OR 3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE- SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH: (A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND (B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW. S 11. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.