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 the scope of hate crime laws. by including making graffiti (Penal Law 145.60) as a crime that can be prosecuted as a hate crime, meaning more types of property defacement can carry enhanced penalties if motivated by bias.
Increases potential legal consequences. for individuals who create graffiti targeting others based on race, religion, sexual orientation, or other protected characteristics, potentially leading to harsher sentencing and greater deterrence.
Signals a recognition of the impact of hateful graffiti. , such as racist, anti-Semitic, or homophobic messages, as more than just vandalism—acknowledging the psychological and community harm these acts can inflict.
Could affect law enforcement and prosecution priorities. , as it provides new grounds for charging graffiti as a hate crime, potentially shifting resources or attention toward investigating bias-motivated vandalism.
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Who cares
Headline styles
Make Graffiti a Hate Crime
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
- Ordered to third reading cal.405
- 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.
Make Graffiti a Hate Crime
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4777
2017-2018 Regular Sessions
IN SENATE
February 28, 2017
Introduced by Sen. CARLUCCI -- 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 hate crimes
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.
LBD10338-01-7
S. 4777 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 hate crimes
Purpose or general idea of bill
To add the crime of making graffiti as a specified offense under the hate crimes statute
Summary of specific provisions
Section 1 of the bill adds the crime of making graffiti to the list of specified hate crimes. Making graffiti is currently a class A misdemeanor. Adding this criminal offense to the hate crime statute would elevate the penalty by one degree, to a class E felony, when graffiti is made that targets a person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person.
Section 2 states that this bill shall take effect on the first of November next succeeding the date on which it shall become law.
Existing law
Under section 458.05 of the Penal Law, a person commits a hate crime when he or she intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person. Specified offenses that may currently constitute a hate crime include assault, menacing, strangulation, manslaughter, stalking, criminal sexual act, criminal sexual abuse kidnapping, criminal mischief, arson, grand larceny, robbery, and aggravated harassment. However, making graffiti, such as a swastika sign on a person's property, is not currently a specified hate crime offense.
Justification
According to NYPD statistics, hate crimes are up 31% in 2016 compared to 2015. There have also been several recent reported incidents in New York of swastika signs and other hateful symbols drawn on public and private property. The state must remain vigilant in deterring such conduct and have zero tolerance for such offenses, including graffiti that targets a person because of their identity.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
On the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.