Bill S2943-2011

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Feb 3, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S2943

TITLE OF BILL: An act to amend the criminal procedure law, in relation to youthful offender procedure

PURPOSE: This bill would exempt the crimes of making graffiti and possession of graffiti instruments from the youthful offender procedure after defendant is found guilty of such a charge.

SUMMARY OF PROVISIONS: Section one amends Section 720.35 of the Criminal Procedure Law by adding a new subdivision 5. Whenever a person is adjudicated a youthful offender and the conviction that was vacated and replaced by the youthful offender finding was either making graffiti in violation of section 145.60 of the penal law or possession of graffiti in violation of section 145.60 of the penal law, then the name of the youthful offender and the crime for which the youthful offender and the crime for which the youthful offender finding was substituted shall not be confidential and may be available to any person or public or private agency. Section two states that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

JUSTIFICATION: Recent incidents of urban scrawl on the Staten Island Railway have been rising. Introducing legislation which would permit authorities to release the names of minors who have either plead guilty or been found guilty of such a charge, creates a major way to combat graffiti. Making graffiti is an attempt to publicize oneself, and the very nature of the crime is a public declaration. Graffiti vandals should not be able to enjoy anonymity by having the record sealed and proceedings closed, if they are indeed charged with the crime. Instead, they and their families should have to endure the scrutiny of the public for their crimes against public property. This change would be a major step in the fight against graffiti for which minimal fines and community service are simply a slap on the wrist for many vandals.

LEGISLATIVE HISTORY: 2010: S.617 - Referred to Codes/A.9752 - Referred to Codes 2009: S.617 - Referred to Codes/A.9752 2008: S.6762 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2943 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to youthful offender procedure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 720.35 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WHENEVER A PERSON IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION THAT WAS VACATED AND REPLACED BY THE YOUTHFUL OFFENDER FINDING WAS EITHER MAKING GRAFFITI IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW OR POSSESSION OF GRAFFITI INSTRUMENTS IN VIOLATION OF SECTION 145.65 OF THE PENAL LAW, THEN THE NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR WHICH THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE CONFI- DENTIAL AND MAY BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.

Discuss!

blog comments powered by Disqus