Bill S283-2013

Creates crimes of cemetery desecration of a veteran

Creates crimes of cemetery desecration of a veteran as a class E felony; makes corresponding changes in cemetery desecration crimes in the first and second degrees and aggravated cemetery desecration in the first degree; makes additional penal provisions.

Details

Actions

  • Mar 3, 2014: referred to codes
  • Mar 3, 2014: DELIVERED TO ASSEMBLY
  • Mar 3, 2014: PASSED SENATE
  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.129
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 12, 2013: referred to codes
  • Mar 12, 2013: DELIVERED TO ASSEMBLY
  • Mar 12, 2013: PASSED SENATE
  • Mar 5, 2013: ADVANCED TO THIRD READING
  • Mar 4, 2013: 2ND REPORT CAL.
  • Feb 28, 2013: 1ST REPORT CAL.132
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 28, 2013
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Sampson, O'Brien
Ayes W/R (1): Hoylman
VOTE: COMMITTEE VOTE: - Codes - Feb 4, 2014
Ayes (13): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, O'Brien, Krueger
Ayes W/R (1): Hoylman

Memo

BILL NUMBER:S283

TITLE OF BILL: An act to amend the penal law, in relation to cemetery desecration and cemetery desecration of a veteran

PURPOSE: This bill creates a new crime for cemetery desecration of a veteran cemetery plot, grave or burial place.

SUMMARY OF PROVISIONS: Sections 1 & 2: Makes technical changes to penal law sections 145.22 and 145.23 due to the creation of a new crime of desecration of a veteran cemetery plot, grave or burial place.

Section 3: Amends penal law section 145.27 to include cemetery desecration of a veteran as a predicate offense for Aggravated Cemetery Desecration in the first degree.

Section 4: Adds two penal law sections, 145.28 and 145.29. Section 145.28 is added to define the term "veteran" for the purposes of section 145.29. Section 145.29 establishes the crime of cemetery desecration of a veteran. Cemetery desecration of a veteran is a class E felony.

Section 5: Amends penal law section 60.29 to include conforming changes that make reference to the new crime created in section one of this act.

Section 6: Amends penal law sections 65.10 to allow community service to be provided for desecrated cemeteries as a condition for probation or conditional release.

Section 7: Establishes the effective date of this act.

EXISTING LAW: There is presently no law that specifically protects veteran grave sites.

JUSTIFICATION: This legislation addresses a problem that was first brought to the bill sponsor's attention by the Sons of Union Veterans of the Civil War, Department of New York.

This bill helps prevent the desecration of veteran grave sites. It increased the penalty for the desecration of such grave sites that commemorate the life and death of veterans.

LEGISLATIVE HISTORY: See S.3784-B of 2003/2004, Passed the State Senate in 2004. S.4836 of 2007/2008, Passed Senate S.768 of 2009/2010, Referred to Codes S.1728 of 2011/2012, Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the 180th day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 283 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. LARKIN, AVELLA, BALL, BONACIC, CARLUCCI, GALLIVAN, MAZIARZ, RITCHIE, VALESKY -- 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 and cemetery desecration of a veteran THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 degree. A person is guilty of cemetery desecration in the second 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 property USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, NICHE, CRYPT, VAULT or other place of interment OR TEMPO- RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU- MENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECO- RATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, 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, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO- RARY 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, NICHE, CRYPT, VAULT or other place of inter- ment OR TEMPORARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, 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, NICHE, 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 OR STORED there. Cemetery desecration in the second degree is a class A misdemeanor. S 2. 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 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, NICHE, 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, BADGE, SHIELD, ITEM OF MEMORABILIA, 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, NICHE, 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, NICHE, 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, BADGE, SHIELD, ITEM OF MEMORABILIA, 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, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT 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 there; or (c) commits the crime of cemetery desecration in the second degree as defined in section 145.22 of this article and has been previously convicted of the crime of cemetery desecration in the second degree, CEMETERY DESECRATION IN THE FIRST DEGREE, AGGRAVATED CEMETERY DESE- CRATION IN THE SECOND DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE OR CEMETERY DESECRATION OF A VETERAN within the preceding five years. Cemetery desecration in the first degree is a class E felony. S 3. Section 145.27 of the penal law, as added by chapter 376 of the laws of 2007, is amended to read as follows: S 145.27 Aggravated cemetery desecration in the first degree. A person is guilty of aggravated cemetery desecration in the first degree when such person commits the crime of aggravated cemetery dese- cration in the second degree and has been previously convicted within the past five years of the crime of cemetery desecration in the second degree as defined in section 145.22 of this article, cemetery dese- cration in the first degree as defined in section 145.23 of this article [or], aggravated cemetery desecration in the second degree as defined in section 145.26 of this article OR CEMETERY DESECRATION OF A VETERAN AS DEFINED IN SECTION 145.29 OF THIS ARTICLE.
Aggravated cemetery desecration in the first degree is a class D felo- ny. S 4. The penal law is amended by adding two new sections 145.28 and 145.29 to read as follows: S 145.28 CEMETERY DESECRATION OF A VETERAN; DEFINITION OF "VETERAN". FOR THE PURPOSES OF SECTION 145.29 OF THIS ARTICLE, THE TERM "VETERAN" MEANS A DECEASED PERSON WHO: 1. (A) SERVED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE DURING A WAR IN WHICH THE UNITED STATES ENGAGED; OR (B) SERVED IN THE RESERVE COMPONENT OF THE ARMED FORCES, THE ORGANIZED MILITIA OF THE STATE; OR (C) IS ELIGIBLE TO RECEIVE A STANDARD GOVERNMENT HEADSTONE OR MARKER FOR INSTALLATION IN A PRIVATE CEMETERY OR A STATE VETERANS' CEMETERY PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS WHO SERVED IN THE UNITED STATES ARMED FORCES; AND 2. WAS DISCHARGED OR RELEASED THEREFROM UNDER CONDITIONS OTHER THAN DISHONORABLE. FOR THE PURPOSES OF THIS SECTION "RESERVE COMPONENT OF THE ARMED FORC- ES OF THE UNITED STATES" MEANS THE ARMY RESERVE, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, THE AIR FORCE RESERVE, THE COAST GUARD RESERVE, THE ARMY NATIONAL GUARD OF THE UNITED STATES AND THE AIR NATIONAL GUARD OF THE UNITED STATES AND WHOSE SERVICE WAS DURING A WAR IN WHICH THE UNITED STATES ENGAGED. ORGANIZED MILITIA OF THE STATE, SHALL MEAN SERVICE OTHER THAN PERMANENT, FULL-TIME SERVICE IN THE MILITARY FORCES OF THE STATE OF NEW YORK INCLUDING BUT NOT LIMITED TO THE NEW YORK ARMY NATIONAL GUARD, THE NEW YORK AIR NATIONAL GUARD, THE NAVAL MILITIA AND THE NEW YORK GUARD (NOT INCLUDING THE INACTIVE NATIONAL GUARD AND NOT INCLUDING THE NEW YORK GUARD IN AN INACTIVE STATUS). S 145.29 CEMETERY DESECRATION OF A VETERAN. A PERSON IS GUILTY OF CEMETERY DESECRATION OF A VETERAN WHEN, WITH INTENT TO DAMAGE THE 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 INTENTIONALLY DAMAGES: (A) ANY REAL OR PERSONAL PROPERTY THAT HE OR SHE KNOWS IS USED OR MAINTAINED AS A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, NICHE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPO- RARY STORAGE PLACE OF A VETERAN; OR (B) ANY MONUMENT, HEADSTONE, MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA 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, NICHE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE THAT HE OR SHE KNOWS BELONGS TO A VETERAN. CEMETERY DESECRATION OF A VETERAN IS A CLASS E FELONY. S 5. 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 145.29 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 6. 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, NICHE, 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, DECO- RATION, FLAG HOLDER, BADGE, SHIELD, ITEM OF MEMORABILIA, 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, NICHE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO- RARY STORAGE. Provided, however, that the performance of any such services shall not result in the displacement of employed workers or in the impairment of existing contracts for services, nor shall the performance of any such services be required or permitted in any estab- lishment involved in any labor strike or lockout. The court may estab- lish provisions for the early termination of a sentence of probation or conditional discharge pursuant to the provisions of subdivision 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 7. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the cemetery board in the division of cemeteries in the department of state may promulgate rules and regulations prior to such effective date to implement the provisions of this act.

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