Relates to multiple bias-related offenses committed as part of a common plan or scheme

BILL NUMBER:S1934

Title of bill

An act to amend the penal law, in relation to multiple bias-related offenses committed as part of a common plan or scheme

Purpose

This bill relates to multiple bias-related offenses committed as part of a common plan or scheme. Multiple offenses of vandalism, when committed as part of a hate crime, shall be considered cumulatively.

Summary of provisions

Section 1 amends the penal law by adding a new section 485.15. Multiple offenses of vandalism, when committed as part of a common plan and classified as a hate crime, shall be considered cumulatively in determining the full amount of property damage. These offenses shall be punishable according to the cumulative amount of damage.

Section 2 enacts this bill on the first of November next succeeding the date upon which it shall become law.

Existing law

Current law provides that a vandal can be charged with a felony only if the property damage exceeds $250.

Justification

In June 2005, the Midwood neighborhood in Brooklyn was defiled by vandals who spray painted approximately 15 swastikas on parked cars. Unfortunately, this was not an isolated incident and it points to an alarming trend of hatred.

Under current law, a vandal may only be charged with a felony if the property damage exceeds $250. This bill classifies multiple incidents of vandalism as one crime under the hate crimes statute. Therefore, those who commit multiple and related bias crimes will receive harsher penalties - up to seven years in prison. These stiffer penalties will be a deterrent for vandals spreading their bigotry in communities.

Incidents of hatred, racism, and anti-Semitism must not be allowed to fester in our neighborhoods. Complacency on these issues is simply unacceptable.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date upon which it shall become law.