Text of NY S 972 (2010)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text S00972 Summary: BILL NOS00972 SAME ASNo same as SPONSORKRUGER COSPNSR MLTSPNSR Add S145.11, Pen L; amd S720.10, CP L Creates the crime of bias related criminal mischief where property is defaced with derogatory references to race, creed, religion, color, sexual orientation or national origin, and denies youthful offender status for such crime; makes such crime a class C felony. Go to top S00972 Text: STATE OF NEW YORK ________________________________________________________________________ 972 2009-2010 Regular Sessions IN SENATE January 22, 2009 ___________ Introduced by Sen. KRUGER -- 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 creating the crime of bias related criminal mischief; and to amend the criminal procedure law, in relation to denying youthful offender status to such crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 145.11 to 2 read as follows: 3 § 145.11 Bias related criminal mischief. 4 A person is guilty of bias related criminal mischief when: 5 1. he or she commits the crime of criminal mischief in the second, 6 third or fourth degree; and 7 2. the property was damaged by marking with words, letters, numbers or 8 symbols which make derogatory reference to race, creed, religion, color, 9 sexual orientation or national origin. 10 Bias related criminal mischief is a class C felony. 11 § 2. Subdivision 2 of section 720.10 of the criminal procedure law, as 12 amended by chapter 416 of the laws of 1986, paragraph (a) as amended by 13 chapter 316 of the laws of 2006, is amended to read as follows: 14 2. "Eligible youth" means a youth who is eligible to be found a youth- 15 ful offender. Every youth is so eligible unless: 16 (a) the conviction to be replaced by a youthful offender finding is 17 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 18 defined in subdivision forty-one of section 1.20, except as provided in 19 subdivision three, or (iii) rape in the first degree, criminal sexual 20 act in the first degree, or aggravated sexual abuse, except as provided 21 in subdivision three, or (iv) bias related criminal mischief as defined 22 in section 145.11 of the penal law, or 23 (b) such youth has previously been convicted and sentenced for a felo- 24 ny, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06656-01-9 S. 972 2 1 (c) such youth has previously been adjudicated a youthful offender 2 following conviction of a felony or has been adjudicated on or after 3 September first, nineteen hundred seventy-eight a juvenile delinquent 4 who committed a designated felony act as defined in the family court 5 act. 6 § 3. This act shall take effect on the first of November next succeed- 7 ing the date on which it shall have become a law. Go to top Sitemap Request Information Directions and Maps