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NY S08289

Bill

Status

Engrossed

6/30/2010

Primary Sponsor

William Larkin

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Expands the definition of cemetery desecration in the second degree (class A misdemeanor) and first degree (class E felony) to include damage to mausoleums, columbariums, niches, crypts, vaults, and temporary storage places of human and cremated remains, plus associated items like urns, badges, and memorabilia.

  • Creates new crime of "Cemetery Desecration of a Veteran" as a class E felony when a person intentionally damages property at a veteran's burial site or associated memorial items, with "veteran" defined as a deceased person who served in active military during wartime or in reserve/militia components and was discharged under honorable conditions.

  • Requires the knowledge element that the person knows the property is used as a cemetery or belongs to a veteran for the new veteran desecration offense, distinguishing it from other cemetery desecration crimes.

  • Updates probation and conditional discharge sentencing provisions to include the new veteran cemetery desecration crime and expands community service options to include maintenance and repair of cemetery properties and associated memorials.

  • Takes effect 180 days after becoming law, with the cemetery board in the Department of State authorized to promulgate implementing regulations prior to the effective date.

Legislative Description

Creates crimes of cemetery desecration of a veteran as a class E felony; makes corresponding changes in cemetery desecration crimes in the first and second degrees; makes additional penal provisions.

Last Action

referred to codes

6/30/2010

Committee Referrals

Codes6/30/2010
Rules6/21/2010

Full Bill Text

No bill text available