BILL NUMBER: S35
SPONSOR: TEDISCO
 
TITLE OF BILL:
An act to amend the penal law, in relation to including aggravated ceme-
tery desecration in the second degree and aggravated cemetery dese-
cration in the first degree as specified offenses for purposes of hate
crimes
 
PURPOSE OR GENERAL IDEA OF BILL:
To include aggravated cemetery desecration in the second degree and
first degree as specified offenses for purposes of hate crime.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 3 of section 485.05 of the penal law, as amended
by section 2 of part C of chapter 55 of the laws of 2024, is amended to
read as follows:
Adds Section 145.26 (aggravated cemetery desecration in the second
degree); section 145.27 (aggravated cemetery desecration in the first
degree) to offenses listed under subdivision 3.
 
JUSTIFICATION:
According to the Antidefamation League, in 2023 anti-Semitic incidents
across the United States rose 140% compared to 2022. Recently, more than
50 gravestones were knocked over, and damaged, in a Jewish Cemetery
along Mt Stuart Road in the Town of Rotterdam. Similar incidents have
been reported in other areas of New York State, and throughout the
Nation.
While law enforcement continues to pursue perpetrators of such inci-
dents, hate crimes laws in New York State are silent on targeted ceme-
tery desecration motivated by bias against race, color, religion,
national origin, sexual orientation, etc.
This measure would add these offenses to Section 485.05 and elevate
aggravated cemetery desecration in the 2nd degree is (currently a class
E felony) to a class D felony, punishable by up to seven years in pris-
on, and aggravated cemetery desecration in the 1st degree (currently a
class D felony) to a class C felony, punishable by up to 15 years in
prison.
 
LEGISLATIVE HISTORY:
05/10/24: S.9297 REFERRED TO CODES
 
FISCAL IMPLICATIONS:
Minimal
 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, if section 1
of part C of chapter 55 of the laws of 2024 shall not have taken effect
on or before such date then section one of this act shall take effect on
the same date and in the same manner as such section, takes effect;
provided, further, that provisions of section one-a of this act shall
take effect on the same date and in the same manner as section 2 of part
C of chapter 55 of the laws of 2024, takes effect.

Statutes affected:
S35: 485.05 penal law, 485.05(3) penal law