Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service; including but not limited to, the removal of graffiti from any property damaged in the underlying offense.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (4): Huntley, LaValle, Smith, Squadron
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Huntley
TITLE OF BILL:
An act to amend the penal law, in relation to conditions of probation and of conditional discharge
PURPOSE OR GENERAL IDEA OF BILL:
Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of the required service, except in limited circumstances.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph (h) of subdivision 2 of section 65.10 of the penal law to replace the "Division of Substance Abuse Services" with the "Office of Alcoholism and Substance Abuse Services."
Section 2 amends section 65.10 of the penal law by adding a new subdivision 6 which provides that, when a sentence of probation or conditional discharge is imposed in connection with a violation of section 145.60 or 145.65 of the penal law, the court shall, as a condition of the sentence, require that the defendant perform services in an appropriate community program for the removal of graffiti from public or private property, including any property damaged in the underlying offense. The requirement does not apply if the court determines that an appropriate program to supervise graffiti removal is not available, that graffiti removal would be unreasonably dangerous, or if a private property owner refuses to provide his or her consent.
Section 3 specifies the effective date.
This legislation will directly address the problem of graffiti vandalism by requiring convicted graffiti vandals to repair the damage they and other offenders have caused in their communities. Involving offenders in the clean-up and repair of graffiti targets will help teach them the social consequences of their conduct, as well as the labor required to to counteract their vandalism. Hopefully, it will also instill a sense of pride in the repair work, which will serve to prevent these offenders from committing acts of vandalism in the future.
The bill carves out an exception to requiring removal of graffiti in cases where there is no appropriate program to supervise the removal or the removal would be unreasonably dangerous. Also, on private property, the owner must consent.
PRIOR LEGISLATIVE HISTORY:
2006 - S.7605 - Referred to Codes 2008 - S.2291 - Referred to Codes 2010 - S.1880 - Passed Senate
No cost to the state.
First of November following enactment.
STATE OF NEW YORK ________________________________________________________________________ 585 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KLEIN, ADAMS, ADDABBO, DIAZ, HASSELL-THOMPSON, PARK- ER, SAMPSON, SAVINO -- read twice and ordered printed, and when print- ed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to conditions of probation and of conditional discharge THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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]OFFICE of ALCOHOLISM AND substance abuse services, [services in an appropriate community program for removal of graffiti from public or private property, including any property damaged in the underlying offense,]or services for the maintenance and repair of real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains. 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 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 subdivision three of section 410.90 of the criminal proce- dure 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 condi- tions of such service;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04440-01-1 S. 585 2
S 2. Section 65.10 of the penal law is amended by adding a new subdi- vision 6 to read as follows: 6. WHEN IMPOSING A SENTENCE OF PROBATION OR OF CONDITIONAL DISCHARGE IN CONNECTION WITH A VIOLATION OF SECTION 145.60 OR 145.65 OF THIS CHAP- TER, THE COURT SHALL AS A CONDITION OF THE SENTENCE, REQUIRE THAT THE DEFENDANT REMOVE GRAFFITI FROM PUBLIC OR PRIVATE PROPERTY, INCLUDING ANY PROPERTY DAMAGED IN THE UNDERLYING OFFENSE, UNLESS THE COURT SHALL DETERMINE THAT AN APPROPRIATE PROGRAM TO SUPERVISE SUCH REMOVAL IS NOT AVAILABLE OR THAT SUCH GRAFFITI REMOVAL WOULD BE UNREASONABLY DANGEROUS; PROVIDED, HOWEVER, THAT GRAFFITI REMOVAL FROM PRIVATE PROPERTY PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO CONSENT OF THE OWNER OF SUCH PROPERTY. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.