What's happening
This bill adds making graffiti to the list of offenses considered hate crimes under New York's penal law.
Why it matters
Expands the definition of hate crimes to include graffiti. By adding "making graffiti" to the list of offenses that can be prosecuted as hate crimes, the bill recognizes that graffiti can be used as a tool for targeted intimidation or expression of bias, similar to other property crimes.
Enables harsher penalties for bias-motivated graffiti. Graffiti incidents motivated by bias against race, religion, gender, or other protected classes would now be subject to enhanced sentencing and prosecution, signaling that these acts are taken more seriously under the law.
Acknowledges the community impact of bias-related vandalism. The legislation responds to concerns that graffiti, especially when hate symbols or slurs are used, can have a profound psychological and emotional effect on communities and individuals targeted by such acts.
Potentially increases reporting and investigation of hate incidents. With graffiti now explicitly covered, victims and law enforcement may be more likely to classify and pursue these cases as hate crimes, leading to better data collection and resource allocation for prevention and response.
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Who cares
Headline styles
Treat Hate Graffiti as Crime
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Count Hate Graffiti as Crime
In Assembly Committee · Codes · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5143
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. WEPRIN, PICHARDO, MOSLEY, M. G. MILLER, SKOUFIS, JAFFEE, PEOPLES-STOKES, GOTTFRIED -- Multi-Sponsored by -- M. of A. ABBATE, COOK, DAVILA, DINOWITZ, HIKIND, MAYER, McDONOUGH, MOYA, PERRY, RAIA, RIVERA, SKARTADOS -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to bias-related graffiti
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 485.05 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07362-01-7
A. 5143 2
vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 145.60 (making graffiti); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.