Includes bias-related graffiti in crime of aggravated harassment in the first degree

3 Co-sponsors

• Ruben Diaz
• Kevin S. Parker
• John L. Sampson

BILL NUMBER:S1842

Title of bill

An act to amend the penal law and the vehicle and traffic law, in relation to bias-related graffiti

Summary of provisions

Section 1 of 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.

Section 2 amends the Penal Law by adding a new section 60.31, which allows the court to order the person convicted of the offense defined in Section 1 to participate in a diversity training program, at his/her expense.

Section 3 amends Section 502 of the Vehicle and Traffic Law by adding a new subdivision 8, which requires that the Commissioner of the Department of Motor Vehicles not issue a driver's license to any person convicted of the offense defined in Section 1 until such time as imposed by the sentencing court has elapsed.

Section 4 amends subdivision 3 of Section 510 of the Vehicle and Traffic Law by adding a new paragraph j-1, which allows the court to suspend for up to one year, the driver's license of any person convicted of the offense defined in Section 1.

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 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 one 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.

Legislative history

03/16/09 REFERRED TO CODES 01/06/10 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.