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S768Senate2009-2010 Session

Creates crimes of cemetery desecration of a veteran

Sponsor William J. Larkin Jr.SD-39+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
William J. Larkin Jr.

Senator · Senate District 39

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to cemetery desecration and cemetery desecration of a veteran

Purpose

This bill creates two new crimes for cemetery desecration of a veteran cemetery plot, grave or burial place.

Summary of provisions

Sections 1 & 2: Makes technical changes to penal law sections 145.22 and 145.23 due to the creation of a new crime of desecration of a veteran cemetery plot, grave or burial place.

Section 3: Adds a new penal law section 145.26 which defines the term "veteran" for the purposes of penal law section 145.27 and 145.28. It adds penal law section 145.27 which establishes the crime of cemetery desecration of a veteran in the second degree and penal law section 145.28 to create the crime of cemetery desecration of a veteran in the first degree.

Sections 4: Amends penal law section 60.29 to include conforming changes that make reference to the new crimes created in~bill section one of this act.

Section 5: Amends penal law section 65.l0(h} to allow community service to be provided for desecrated cemeteries as a condition for probation or conditional release.

Sections 6: Amends penal law sections 80.00(7) to include conforming changes that make reference to the new crimes created in bill section three of this act such that 10 percent of the fines collected for the desecration of a cemetery to be transferred to the state cemetery vandalism restoration and administration fund.

Section 7: Establishes the effective date of the act.

Existing law

There is presently no law that specifically protects veteran gravesites.

Justification

There is presently no law that specifically protects veteran gravesites. from those who would intentionally and knowingly This legislation addresses a problem that was first brought to the bill sponsor's attention by the Sons of Union Veterans of the Civil War, Department of New York.

This bill helps prevent the desecration of veteran gravesites. It makes it a crime to desecrate such gravesites that commemorates the life and death of these veterans.

Legislative history

See S.3784-B of 2003/2004, Passed the State Senate in 2004. S.4836 of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

On the 180th day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.