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History
- Referred to transportation
Full text
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Sponsor's memo
BILL NUMBER:S2606
Title of bill
An act to amend the transportation law, in relation to prohibition against graffiti in transportation facilities
Purpose or general idea of bill
This bill amends the transportation law to provide that a person is guilty of committing an act of unlawful graffiti in a transportation facility when, having no right to do so nor any reasonable ground to believe that he has such right, he defaces a transportation facility or conveyance by intentionally causing graffiti to be placed in any manner on such transportation facility or conveyance.
The crime is classified a Class B misdemeanor and the court is mandated to sentence the defendant, at least to a fine or service with a transportation facility.
Summary of specific provisions
Amends the transportation law by adding a new section 148.
Justification
Under the Penal Law, a person must 11 intentionally" damage property in order to be held accountable for placing graffiti on a transportation facility or conveyance. If the defendant's "conscious Objective" (Penal Law, Section 15.05 (1) definition of "intentionally") was not to damage but, for example, to beautify by painting a picture on a transportation facility, his conduct may not be encompassed by the Penal Law since, in the eyes of others, the defendant has objectively defaced the facility or conveyance.
Prior legislative history
1997-98 - A.4915 Referred to Transportation Committee 1999-00 - A.6017 Referred to Transportation Committee 2001-02 - A.3950 Referred to Transportation Committee 2003-04 - A.2522 Referred to Transportation Committee
Fiscal implications to state and local governments
None.
Effective date
November first following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.