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S1728Senate2011-2012 SessionSame asA3042

Creates crimes of cemetery desecration of a veteran

Sponsor William J. Larkin Jr.SD-39+9 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 59–1
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.101
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 59–1
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.31
  4. Referred to codes

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.

A3042Assembly

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:S1728 REVISED 01/21/2011

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 a new crime 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: Amends penal law section 145.27 to include cemetery desecration of a veteran as a predicate offense for Aggravated Cemetery Desecration in the first degree.

Section 4: Adds two penal law sections, 145.28 and 145.29. Section 145.28 is added to define the term "veteran" for the purposes of section 145.29. Section 145.29 establishes the crime of cemetery desecration of a veteran. Cemetery desecration of a veteran is a class E felony.

Section 5: Amends penal law section 60.29 to include conforming changes that make reference to the new crime created in section one of this act.

Section 6: Amends penal law sections 65.10 to allow community service to be provided for desecrated cemeteries as a condition for probation or conditional release.

Section 7: Establishes the effective date of this act.

Existing law

There is presently no law that specifically protects veteran gravesites.

Justification

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 increased the penalty for the desecration of such gravesites that commemorate the life and death of veterans.

Legislative history

See S.3784-B of 2003/2004, Passed the State Senate in 2004. S.4836 of 2007/2008 S.768 of 2009/2010

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.