Includes bias-related graffiti in hate crimes

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2655

Title of bill

An act to amend the penal law, in relation to bias-related graffiti

Summary of provisions

Section 1 of this bill amends Section 485.05 of the Penal Law as amended by chapter 405 of the laws of 2010, by adding section 145.60. This subdivision adds the language "etches, paints, covers, draws upon or otherwise places a mark upon public or private property" to the crime of aggravated harassment in the first degree.

Justification

This bill proposes enhanced penalties for bias-related graffiti in recognition of the particularly sensitive nature of such graffiti. Graffiti that is based upon hate should receive a tighter penalty. Enhancing the penalty will serve to reinforce the seriousness of this crime and prove to offenders that New York State does not tolerate bias in any form.

Currently, graffiti is treated as a Class A misdemeanor in Section 145.60 of the Penal Law. This legislation would include bias-related graffiti under the section of law that currently covers desecration of religious property. Under this bill, bias-related graffiti would be considered a Class E felony. This would increase the allowable penalty for bias-related graffiti from up to one year in jail under a Class A misdemeanor to a range of 1 1/3 to 4 years for a Class E felony at the discretion of the judge. Recent incidents of bias-related graffiti in Westchester County (racial) and King's County (religious) exemplify the need to give prosecutors greater leverage in prosecuting such offenders.

Legislative history

2013-14: S.951/A.8960 - Referred to Codes 2011-12 - S.1842 - Died in Codes 2009-10 Referred to Codes

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.