Creates the crime of bias related criminal mischief and denies youth offender status

BILL NUMBER:S2049

Title of bill

An act to amend the penal law, in relation to creating the crime of bias related criminal mischief; and to amend the criminal procedure law, in relation to denying youthful offender status to such crime

Summary

This act adds a new section 145.11 to the penal law to make bias-related mischief a class C felony. A person will be considered guilty of a bias-related crime when he or she perpetrates the crime of graffiti by marking with words, letters, numbers, symbols, etc. which make derogatory reference to race, creed, religion, color, or national origin.

Justification

Recent incidents of bias-related graffiti in New York State and elsewhere such as swastikas, vandalism of Church and synagogue buildings, anti-Semitic slurs and other expressions of hatred against religious, racial or ethnic groups have been increasing. In many cases, these incidents are acts of terrorism, not mere vandalism. Perpetrators who commit such acts of hatred should be punished in a more effective and severe manner than current law provides. Such acts tear at the fabric of our society and cause further deterioration of peaceful relations between our citizens.

This legislation also calls for the denial of youthful offender status for perpetrators of bias-related criminal mischief, as many of the youth who commit such crimes have no hesitation about perpetrating acts of violence against members of that group. The intent of this legislation is to address the seriousness of this crime while providing a deterrent to such incidents.

Fiscal implication

None.

Effective date

This act shall take effect on the first of November after it has become a law.