New York A 8618: Prohibits a person from defacing or damaging a fine art or historical monument

Bill Text

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A08618 Summary:

BILL NOA08618 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORNovakhov

&nbsp

COSPNSRBrown E, Brook-Krasny, Norber, Chang

&nbsp

MLTSPNSR

&nbsp

Add 145.80 & 60.07-a, amd 60.27, Pen L; amd 510.10, 530.20 & 530.40, CP L

&nbsp

Prohibits a person from defacing or damaging a fine art or historical monument; makes such crime bail eligible.

Go to top A08618 Actions:

BILL NOA08618 

&nbsp

05/22/2025referred to codes

01/07/2026referred to codes

Go to topA08618 Committee&nbspVotes:

Go to topA08618 Floor&nbspVotes:

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

Go to topA08618 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8618

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 22, 2025
 ___________

 Introduced by M. of A. NOVAKHOV, E. BROWN, BROOK-KRASNY, NORBER, CHANG
 -- read once and referred to the Committee on Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to prohibiting a person from defacing or damaging a fine art
 or historical monument

 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 145.80 to
 2 read as follows:
 3 § 145.80 Defacement or damage of fine art or historical monuments.
 4 1. For the purposes of this section, the term "historical monument"
 5 shall mean any object, site, place, building or erection having
 6 connections with historical events or personages, including but not
 7 limited to any statue, relic, artifact, tablet, plaque, wall, building
 8 or structure.
 9 2. A person is guilty of defacement or damage of fine art or histor-
 10 ical monuments when with intent to damage, deface, destroy or alter
 11 property of another person or entity, and having no right to do so nor
 12 any reasonable ground to believe that such person has such right, a
 13 person damages, defaces, destroys or alters any real or personal proper-
 14 ty of an artistic or historical nature, including but not limited to any
 15 work of fine art as defined in subdivision nine of section 11.01 of the
 16 arts and cultural affairs law, or any historical monument as defined in
 17 subdivision one of this section.
 18 Defacement or damage of fine art or historical monuments is a class C
 19 felony.
 20 § 2. The penal law is amended by adding a new section 60.07-a to read
 21 as follows:
 22 § 60.07-a Authorized disposition; defacement or damage of fine art or
 23 historical monuments.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13174-01-5

 A. 8618 2

 1 Notwithstanding any other provision of law to the contrary, when a
 2 court has found that a person has been convicted of defacement or damage
 3 of fine art or historical monuments as defined in section 145.80 of this
 4 chapter, the sentence of imprisonment imposed upon conviction for such
 5 offense shall be the sentence authorized by the applicable provisions of
 6 article seventy of this chapter, provided, however, that the minimum
 7 term of the indeterminate sentence shall be not less than three years
 8 nor more than five years.
 9 § 3. Subdivision 5 of section 60.27 of the penal law is amended by
 10 adding a new paragraph (d) to read as follows:
 11 (d) If a person is convicted of violating section 145.80 of this chap-
 12 ter, the court shall require reparation up to the full value of the loss
 13 as determined by a qualified professional appraiser accredited by a
 14 nationally recognized appraisal accrediting organization.
 15 § 4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 16 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 17 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 18 2022, are amended and a new paragraph (v) is added to read as follows:
 19 (t) any felony or class A misdemeanor involving harm to an identifi-
 20 able person or property, or any charge of criminal possession of a
 21 firearm as defined in section 265.01-b of the penal law, where such
 22 charge arose from conduct occurring while the defendant was released on
 23 [his or her] such defendant's own recognizance, released under condi-
 24 tions, or had yet to be arraigned