Int. No. 559
By Council Members Gentile, Vallone Jr., Felder, Fidler, Mealy, Nelson, Palma, Recchia Jr., Stewart, Weprin, Liu and Oddo
A Local Law to amend the administrative code of the city of New York, in relation to creating criminal and civil penalties for damaging items of religious worship or religious articles that are contained on private property.
Be it enacted by the Council as follows:
Section 1. Section 10-116 of the administrative code of the city of New York, as amended by local law 102 of 2005, is amended and to create subsections a and b to read as follows:
§ 10-116 Damaging houses of religious worship or religious articles therein prohibited; damaging items of religious worship or religious articles contained on private property prohibited. a. Any person who willfully and without authority breaks, defaces or otherwise damages any house of religious worship or any portion thereof, or any appurtenances thereto, including religious figures or religious monuments, or any book, scroll, ark, furniture, ornaments, musical instrument, article of silver or plated ware, or any other chattel contained therein for use in connection with religious worship, or any person who knowingly aids, abets, conceals or in any way assists any such person shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or by a fine of not more than two thousand five hundred nor less than five hundred dollars, or both. In addition, any person violating this section shall be subject to a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars. Such civil penalty shall be in addition to any criminal penalty or sanction that may be imposed, and such civil penalty shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts prohibited by this section.
b. Any person who willfully and without authority breaks, defaces or otherwise damages any religious statue, symbol sign or other religious item on private property, including religious figures or religious monuments, or any book, scroll, ark, furniture, ornaments, musical instrument, article of silver or plated ware, or any other chattel used in connection with religious worship, or any person who knowingly aids, abets, conceals or in any way assists any such person shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or by a fine of not more than two thousand five hundred nor less than five hundred dollars, or both. In addition, any person violating this section shall be subject to a civil penalty of not less than ten thousand dollars and not more than twenty-five thousand dollars. Such civil penalty shall be in addition to any criminal penalty or sanction that may be imposed, and such civil penalty shall not limit or preclude any cause of action available to any person or entity aggrieved by any of the acts prohibited by this section.
§2. This local law shall take effect immediately upon its enactment into law.
DS
LS 1342
12/5/06