New York S 9618: Relates to cemetery desecration; repealer

Bill Text

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S09618 Summary:

BILL NOS09618 

&nbsp

SAME ASSAME AS A00169

&nbsp

SPONSORADDABBO

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §145.23, add §145.24, rpld §145.22, Pen L

&nbsp

Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.

Go to top S09618 Actions:

BILL NOS09618 

&nbsp

03/30/2026REFERRED TO CODES

Go to topS09618 Committee&nbspVotes:

Go to topS09618 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09618 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9618

 IN SENATE

 March 30, 2026
 ___________

 Introduced by Sen. ADDABBO -- 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 cemetery desecration; and
 to repeal certain provisions of such law relating thereto

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

 1 Section 1. Section 145.23 of the penal law, as amended by chapter 353
 2 of the laws of 2007, is amended to read as follows:
 3 § 145.23 Cemetery desecration in the [first] second degree.
 4 A person is guilty of cemetery desecration in the [first] second
 5 degree when with intent to damage property of another person, and having
 6 no right to do so nor any reasonable ground to believe that [he] the
 7 person has such right, [he] the person:
 8 (a) damages any real or personal property maintained as a cemetery
 9 plot, grave, burial place or other place of interment of human remains
 10 [in an amount exceeding two hundred fifty dollars]; or
 11 (b) with intent to steal personal property, [he] the person steals
 12 personal property[, the value of which exceeds two hundred fifty
 13 dollars,] which is located at a cemetery plot, grave, burial place or
 14 other place of interment of human remains and which property is owned by
 15 the person or organization which maintains or owns such place or the
 16 estate, next-of-kin or representatives of the deceased person interred
 17 there[; or
 18 (c) commits the crime of cemetery desecration in the second degree as
 19 defined in section 145.22 of this article and has been previously
 20 convicted of the crime of cemetery desecration in the second degree
 21 within the preceding five years].
 22 Cemetery desecration in the [first] second degree is a class E felony.
 23 § 2. The penal law is amended by adding a new section 145.24 to read
 24 as follows:
 25 § 145.24 Cemetery desecration in the first degree.
 26 A person is guilty of cemetery desecration in the first degree when
 27 such person commits the crime of cemetery desecration in the second
 28 degree as defined in section 145.23 of this article and has been previ-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00576-01-5

 S. 9618 2

 1 ously convicted of the crime of cemetery desecration in the second
 2 degree or cemetery desecration in the first degree within the preceding
 3 five years.
 4 Cemetery desecration in the first degree is a class D felony.
 5 § 3. Section 145.22 of the penal law is REPEALED.
 6 § 4. This act shall take effect on the first of November next succeed-
 7 ing the date on which it shall have become a law.

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