This bill has been amended

Bill S3307-2013

Relates to cemetery desecration in the first degree

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a Class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 31, 2013: REFERRED TO CODES

Meetings

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3307 2013-2014 Regular Sessions IN 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.

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