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History
- Referred to codes
- Referred to codes
Companion bill
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Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge
In Assembly Committee · Codes · Sponsor Louis Tobacco
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2943
Title of bill
An act to amend the criminal procedure law, in relation to youthful offender procedure
Purpose
This bill would exempt the crimes of making graffiti and possession of graffiti instruments from the youthful offender procedure after defendant is found guilty of such a charge.
Summary of provisions
Section one amends Section 720.35 of the Criminal Procedure Law by adding a new subdivision 5. Whenever a person is adjudicated a youthful offender and the conviction that was vacated and replaced by the youthful offender finding was either making graffiti in violation of section 145.60 of the penal law or possession of graffiti in violation of section 145.60 of the penal law, then the name of the youthful offender and the crime for which the youthful offender and the crime for which the youthful offender finding was substituted shall not be confidential and may be available to any person or public or private agency. Section two states that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
Recent incidents of urban scrawl on the Staten Island Railway have been rising. Introducing legislation which would permit authorities to release the names of minors who have either plead guilty or been found guilty of such a charge, creates a major way to combat graffiti. Making graffiti is an attempt to publicize oneself, and the very nature of the crime is a public declaration. Graffiti vandals should not be able to enjoy anonymity by having the record sealed and proceedings closed, if they are indeed charged with the crime. Instead, they and their families should have to endure the scrutiny of the public for their crimes against public property. This change would be a major step in the fight against graffiti for which minimal fines and community service are simply a slap on the wrist for many vandals.
Legislative history
2010: S.617 - Referred to Codes/A.9752 - Referred to Codes 2009: S.617 - Referred to Codes/A.9752 2008: S.6762 - Passed Senate
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.