S3307-2013 Actions

• Jan 31, 2013: REFERRED TO CODES

S3307-2013 Memo

BILL NUMBER:S3307

TITLE OF BILL:  An act to amend the penal law, in relation to cemetery
desecration in the first degree

PURPOSE:    This legislation would include all property, regardless of
value, under the crime of cemetery desecration.

SUMMARY OF PROVISIONS:

Section one amends section 145.23 of the  Penal  Law  to  include  all
property,  regardless  of  value,  located  at a cemetery plot, grave,
burial place or other place of interment of human remains in the crime
of cemetery desecration. This section also makes technical changes.

Section two establishes an effective date.

JUSTIFICATION:  Cemetery desecration is a continuing  problem  in  New
York State and recently has resulted in the theft of numerous veterans
markers.  NYS Law must address all cemetery desecration, regardless of
the value of theft or damage to deal with this extremely disrespectful
problem.

LEGISLATIVE HISTORY:  S.S731 of 2007/2008 S.2686 of 2009/2010 S.473 of
2011/2012

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.

S3307-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3307
 2013-2014 Regular Sessions
 I N  SENATE
 January 31, 2013
 
 Introduced  by Sen. NOZZOLIO -- 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  in
 the first degree
 

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

 

Section 1.

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 maintained as a cemetery
 plot, grave, burial place or other place of interment of  human  remains
 [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 plot, grave, burial place or other place of
 interment of human remains 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
 within the preceding five years.
 Cemetery desecration in the first degree is a class E felony.
 

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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01469-01-3

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