Makes bias-related graffiti a class E felony

4 Co-sponsors

• Ruben Diaz
• Craig M. Johnson
• Kevin S. Parker
• John L. Sampson

Title of bill

An act to amend the penal law, in relation to the crime of bias-related graffiti

Summary of provisions

This bill amends Section 240.31 of the Penal Law by adding a new subdivision, 1-a. This subdivision adds the language "etches, paints, covers, draws upon or otherwise places a mark upon public or private property" to the crime of aggravated harassment in the first degree.

Justification

This bill proposes enhanced penalties for bias-related graffiti in recognition of the particularly sensitive nature of such graffiti. Graffiti that is based upon hate should receive a tighter penalty. Enhancing the penalty will serve to reinforce the seriousness of this crime and prove to offenders that New York State does not tolerate bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section 145.60 of the Penal Law. This legislation would include bias-related graffiti under the section of Penal Law that currently covers desecration of religious property. Under this bill, bias-related graffiti would be considered a Class E felony. This would increase the allowable penalty for bias-related graffiti from up to a year in jail under a Class A misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the discretion of the judge.

Recent incidents of bias-related graffiti in Westchester County exemplify the need to give prosecutors greater leverage in prosecuting such offenders.

Fiscal implications

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.