What's happening
This bill adds making graffiti to the list of offenses that can be prosecuted as hate crimes in New York.
Why it matters
Expands hate crime prosecution tools. By adding "making graffiti" to the list of offenses eligible for hate crime charges, prosecutors can now pursue enhanced penalties when graffiti is used to intimidate or target individuals or groups based on protected characteristics (e.g., race, religion, sexual orientation).
Signals recognition of graffiti as a form of bias-motivated harm. The change reflects the reality that graffiti, especially when containing hate speech or symbols, can have a deeply traumatic impact on communities, and the law now treats it as seriously as other hate-driven crimes.
Potential deterrent effect. The possibility of facing hate crime penalties (which are often harsher than penalties for graffiti alone) may deter individuals from targeting others with bias-related graffiti, aiming to reduce such incidents.
Empowers victims and communities. This amendment provides victims and affected communities with greater legal recourse and acknowledgement of the harm caused by bias-related graffiti, reinforcing societal norms against hate-based actions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Count Hate Graffiti as Crime
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.999
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
Show 3 earlier actions
- Ordered to third reading cal.1701
- Committee discharged and committed to rules
- 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.
Treat Hate Graffiti as Crime
In Assembly Committee · Codes · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2348
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sens. PARKER, AVELLA -- read twice and ordered printed, and when printed to be committed 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 subdivision 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07362-01-7
S. 2348 2
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.
Sponsor's memo
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
2015-16: S2655 - Died in Codes 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.