BILL NUMBER: S4821
SPONSOR: FELDER
 
TITLE OF BILL:
An act to amend the penal law, in relation to cemetery desecration; and
to repeal certain provisions of such law relating thereto
 
PURPOSE:
This bill would reclassify the crime of cemetery desecration in the
first degree as cemetery desecration in the second degree, and estab-
lishes the new crime of cemetery desecration in the first degree, so as
to include all property, regardless of value, under the crime of ceme-
tery desecration.
 
SUMMARY OF PROVISIONS:
Section one of this bill would amend section 145.23 of the Penal Law to
reclassify the crime of cemetery desecration in the first degree as
cemetery desecration in the second degree, and would further amend such
crime to include all property, regardless of value, located at a ceme-
tery plot, grave, burial place or other place of interment of human
remains in the crime of cemetery desecration.
Section two of this bill would further add a new section 145.24 to the
penal law, to establish the new crime of cemetery desecration in the
first degree, when a person previously has been convicted of the crime
of cemetery desecration in the second degree within the last five years,
once again is commits the crime of cemetery desecration in the second
degree.
Cemetery desecration in the second degree would be a class E Felony, and
cemetery desecration in the first degree would be a class D felony.
 
JUSTIFICATION:
Cemetery desecration is a continuing problem in New York State and
recently has resulted in the theft of numerous veterans markers.
New reports have also cited many incidents across the state of religious
cemeteries also being victims of hate crimes where such symbols as
swastikas have been made to deface and defile cemetery buildings and
grave markers.
Cemeteries should be protected as places of memorial and remembrance,
free from attack and defilement.
New York State Law must therefore adequately address all cemetery dese-
cration, regardless of the value of theft or damage to the cemetery or
gravesite, so as to appropriately and effectively deal with this
extremely disrespectful and disgraceful problem.
 
LEGISLATIVE HISTORY:
2023/2024: S.2114 - Reported from Codes
2021/2022: S.3691 - Referred to Codes
2019/2020: S.345 - Referred to Codes
2017/2018: S.1109 - Passed Senate both years
2015/2016: S.3806 - Passed Senate both years
 
FISCAL IMPLICATIONS:
None noted
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

Statutes affected:
S4821: 145.23 penal law, 145.22 penal law