Increases penalties for vandalism to a house of worship or theft from a house of worship

16 Co-sponsors

• Joseph P. Addabbo Jr.
• Ruben Diaz
• Martin Malavé Dilan
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Liz Krueger
• George Onorato
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Malcolm A. Smith
• Toby Ann Stavisky

Title of bill

An act to amend the penal law, in relation to vandalism and theft in connection with places of worship

Purpose or general idea of bill

Expands the definition of property of a place of religious worship and increases penalties for vandalism to or theft from a place of religious of worship.

SUMMARY OF SPECIFIC PROVISIONS A Section 1: amends penal law section 155.30(9)to include in the definition of grand larceny in the fourth degree the theft of religious property consisting of a statue, menorah and nativity scene and any religious property located on real property owned, leased or utilized by a religious corporation that is located within one hundred feet of any building or structure.

Section 2: amends penal law section 240.70 to create a new definition of "property of a place of religious worship" for purposes of section 240.70 and a new section 240.75 of the penal law. Property of a place of religious worship includes property located within any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law, or located on real property owned, leased or utilized by such religious corporation within one hundred feet of any such building or structure.

Section 3 creates a new section 240.75 of the penal law, Aggravated interference with religious worship, an E felony. Aggravated interference with religious worship occurs when a person: 1. Injures, intimidates, or interferes with a person exercising religious freedom in violation of section 240.70(c)of the penal law and in the course of said commission damages property worth more than $150.00, or 2. Damages property of a place of religious worship in violation of section 240.70 (d) and the property is worth more than $150.00.

Justification

Religious institutions can ill afford the costs associated with thefts and vandalism to their facilities and their property. Statues and outdoor religious displays, especially temporary holiday displays, have been popular targets for thieves and vandals, as these items often have minimal security. Existing grand larceny statutes protect scrolls, religious vestments, vessels and other items used in connection with religious worship that are located in any building or structure used as a place of worship by a religious corporation, but do not afford the same protection to religious items displayed outside the facility. This bill affords this new protection. Current law also punishes intentional damage to the property of a house of worship as a class A misdemeanor, regardless of the amount of damage caused or the context in which the damage was caused. This bill creates a new E felony crime, aggravated interference with religious worship, for those instances in which a person damages property in the course of injuring, intimidating or interfering with religious freedom, and when property of a place of religious worship is damaged in an amount greater than $150.00. The criminal interference with religious worship law (240.70 and 240.74) is also expanded to include and protect property located outside and on the grounds of places of religious worship.

PRIOR LEGISLATIVE HISTORY :; 2006 - S.6439 - Referred to Codes 2008 - S.2295 - Referred to Codes

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.