Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of required service

9 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• Tony Avella
• David Carlucci
• Ruben Diaz
• Ruth Hassell-Thompson
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino

BILL NUMBER:S585

Title of bill

An act to amend the penal law, in relation to conditions of probation and of conditional discharge

Purpose or general idea of bill

Requires any community service sentence imposed for an offense involving graffiti to include graffiti removal as a portion of the required service, except in limited circumstances.

Summary of specific provisions

Section 1 amends paragraph (h) of subdivision 2 of section 65.10 of the penal law to replace the "Division of Substance Abuse Services" with the "Office of Alcoholism and Substance Abuse Services."

Section 2 amends section 65.10 of the penal law by adding a new subdivision 6 which provides that, when a sentence of probation or conditional discharge is imposed in connection with a violation of section 145.60 or 145.65 of the penal law, the court shall, as a condition of the sentence, require that the defendant perform services in an appropriate community program for the removal of graffiti from public or private property, including any property damaged in the underlying offense. The requirement does not apply if the court determines that an appropriate program to supervise graffiti removal is not available, that graffiti removal would be unreasonably dangerous, or if a private property owner refuses to provide his or her consent.

Section 3 specifies the effective date.

Justification

This legislation will directly address the problem of graffiti vandalism by requiring convicted graffiti vandals to repair the damage they and other offenders have caused in their communities. Involving offenders in the clean-up and repair of graffiti targets will help teach them the social consequences of their conduct, as well as the labor required to to counteract their vandalism. Hopefully, it will also instill a sense of pride in the repair work, which will serve to prevent these offenders from committing acts of vandalism in the future.

The bill carves out an exception to requiring removal of graffiti in cases where there is no appropriate program to supervise the removal or the removal would be unreasonably dangerous. Also, on private property, the owner must consent.

Prior legislative history

2006 - S.7605 - Referred to Codes 2008 - S.2291 - Referred to Codes 2010 - S.1880 - Passed Senate

Fiscal implications

No cost to the state.

Effective date

First of November following enactment.