File #: Res 0279-2010    Version: Name: Penal Law to increase penalties for the offenses of making graffiti and possession of graffiti instruments. (S.2377)
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 6/9/2010
Enactment date: Law number:
Title: Resolution calling upon the New York State Senate to reintroduce S.2377 of 2009, which would amend the New York State Penal Law in relation to increasing penalties for the offenses of making graffiti and possession of graffiti instruments, and calling upon the New York State Assembly to introduce and pass a companion bill, and for the Governor to sign such legislation into law.
Sponsors: Peter F. Vallone, Jr., Lewis A. Fidler, Vincent J. Gentile, Michael C. Nelson, James G. Van Bramer, Peter A. Koo, James Vacca, Daniel J. Halloran III, Eric A. Ulrich
Council Member Sponsors: 9
Attachments: 1. Res. No. 279 - 6/9/10, 2. Committee Report 2/15/13, 3. Hearing Testimony 2/15/13, 4. Hearing Transcript 2/15/13
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013APeter F. Vallone, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
2/15/2013*Peter F. Vallone, Jr. Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/15/2013*Peter F. Vallone, Jr. Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
2/15/2013*Peter F. Vallone, Jr. Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
6/9/2010*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
6/9/2010*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available
Proposed Res. No. 279-A
 
 
Resolution calling upon the New York State Senate to reintroduce S.2377 of 2009, which would amend the New York State Penal Law in relation to increasing penalties for the offenses of making graffiti and possession of graffiti instruments, and calling upon the New York State Assembly to introduce and pass a companion bill, and for the Governor to sign such legislation into law.
 
 
By Council Members Vallone, Fidler, Gentile, Nelson, Van Bramer, Koo, Vacca, Halloran and Ulrich
 
Whereas, Graffiti vandalism continues to plague many communities in the United States and in New York City; and
Whereas, Graffiti is a destructive offense that communicates a message of disorder and lawlessness in all neighborhoods throughout New York State; and
Whereas, In addition to graffiti's negative visual and aesthetic impacts, graffiti causes economic damage due to its negative effect on property value and the costs of cleaning and repairing vandalized surfaces; and      
Whereas, The New York City Police Department (NYPD) is making significant efforts to address and prevent graffiti, including taking enforcement action against violators; and      
Whereas, According to the NYPD, in fiscal year 2011, the NYPD made 4,059 arrests for graffiti-related crimes, representing a 1 percent decrease from fiscal year 2010 when 4,102 arrests were made; and
Whereas, To curb graffiti-related activity, New York State Legislature should reintroduce legislation which would amend the New York State Penal Law by significantly increasing criminal penalties for graffiti-related offenses; and
Whereas, This legislation would amend section 145.60 of the Penal Law, "making graffiti," by renaming the section "making graffiti in the second degree;" and
Whereas, If enacted, this legislation would create a new section 145.61 in the Penal Law entitled "making graffiti in the first degree," which would occur when an individual commits the crime of making graffiti in the second degree and has been previously convicted, within the past 10 years, of one of the following crimes: criminal mischief, cemetery desecration, making graffiti, reckless endangerment of property, possession of graffiti instruments, aggravated harassment in the first degree, or any violation of local laws relating to graffiti; and
Whereas, Making graffiti in the first degree would constitute a class E felony; and
Whereas, This legislation would amend section 145.65 of the Penal Law to make possession of graffiti instruments a class A misdemeanor instead of a class B misdemeanor; and
Whereas, The legislation would not only increase the penalties associated with graffiti- related convictions, but would also serve as a strong deterrent and help keep New York's neighborhoods free from graffiti; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Senate to reintroduce S.2377 of 2009, which would amend the New York State Penal Law in relation to increasing penalties for the offenses of making graffiti and possession of graffiti instruments, and calling upon the New York State Assembly to introduce and pass a companion bill, and for the Governor to sign such legislation into law.
SA
2/1/13
LS# 863