Actions

Meetings

Codes: Jan 18, 2012, Codes: May 3, 2011

Calendars

Active List: Jan 30, 2012 , Active List: May 25, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011

Votes

Memo

BILL NUMBER:S585

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.

JUSTIFICATION:

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

FISCAL IMPLICATIONS:

No cost to the state.

EFFECTIVE DATE:

First of November following enactment.

Text

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.