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S3990Senate2019-2020 SessionSame asA4976

Felony for Defacing Monuments

Official title

“Relates to desecration of property commemorating a historical figure”

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill makes it a class C felony to damage or steal property commemorating a historically or culturally significant person.

Why it matters

  1. Raises the stakes for vandalism or theft of commemorative property. By making it a class C felony, the bill significantly increases the legal consequences for damaging or stealing monuments, markers, or signs tied to historically or culturally significant individuals, potentially deterring such acts.

  2. Broad and inclusive definition of protected property. The law applies to both real and personal property, and explicitly includes items related to any person—living or dead—with historical or cultural significance, making the scope much broader than just statues or plaques for famous figures.

  3. Could affect public debates over controversial monuments. As the law does not distinguish between different types of historical significance, it could apply equally to monuments that are subjects of ongoing social and political debate, impacting protest actions and possibly leading to contentious prosecutions.

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Who cares

Headline styles

Felony for Defacing Monuments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A4976Assembly

Protect Historical Monuments

In Assembly Committee · Codes · Sponsor David DiPietro

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3990

2019-2020 Regular Sessions

IN SENATE

February 22, 2019

Introduced by Sen. GALLIVAN -- 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 desecration of property commemorating a historical figure

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 145.75 to read as follows: § 145.75 Desecration of property commemorating a historical figure.

A person is guilty of desecration of property commemorating a historical figure when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he:

(a) damages any real or personal property, including but not limited to any commemorative monument, marker or street sign, relating to any person, living or dead, who has historical or cultural significance; or

(b) with intent to steal personal property, he steals personal property, including but not limited to any commemorative monument, marker or street sign, relating to any person, living or dead, who has historical or cultural significance.

Desecration of property commemorating a historical figure is a class C felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02953-01-9

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 dese- cration of property commemorating a historical figure

Purpose

This legislation establishes the crime of desecration of property commemorating a historical figure to be a class C felony.

Summary of specific provisions

Section 1. Adds a new section to the penal establishing the crime of desecration of property commemorating a historical figure to be a class C felony.

Section 2. Establishes the effective date.

Justification

Desecrating of property commemorating a historical figure is already against the law and destroys our history. This bill would help to deter such crimes by making the penalty for such desecration of property commemorating a historical figure a class C felony.

Legislative history

2017-18: S.7567/A.8799 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.