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S8289Senate2009-2010 SessionSame asA2205

Creates crimes of cemetery desecration of a veteran

Sponsor William T. StachowskiSD-58+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
William T. Stachowski

Senator · Senate District 58

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Ordered to third reading cal.1361
  5. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2205Assembly

Creates crimes of cemetery desecration of a veteran

In Assembly Committee · Codes · Sponsor Joseph Morelle

Full text

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

Sponsor's memo

BILL NUMBER:S8289

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 the crimes of cemetery desecration of a veteran cemetery plot, grave or burial place and prohibits the unauthorized sale of veteran commemorative cemetery markers, flag holders, monuments, statues or other physical memorabilia that are over 75 years old by cemeteries if such property is currently placed or located within a cemetery.

Summary of provisions

Sections 1 & 2: Makes technical changes to penal law sections 145.22 and 145.23 creating 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 in the second degree and penal law section 145.28 to create the crime of cemetery desecration 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 65.1 O(h) to allow community service to be provided for desecrated cemeteries as a condition for probation or conditional release.

Justification

This bill helps prevent the desecration of veteran grave sites and the inappropriate sale of monuments dedicated to the memory of veterans. Presently Civil War era veteran graveyards, cemetery markers, statues and monuments are valuable because of their age, ornate design and construction. These valuable historic cemetery markers are being sold by cemetery corporations. Civil War veteran groups maintain that many of these monuments were donated by veteran groups and are the property of the veteran's groups and the communities in which they are situated. They argue that war monuments should remain where they were placed to help commemorate the sacrifices made by veterans.

Legislative history

S.3784-B of 2003/2004, Passed Senate 2004 A.3432/S.391 of 2005/2006, Passed Senate in 2006 A.2359 of 2007/2008, Held in Codes

Fiscal implications

Minimal.

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.