New York Senate Bill S00035

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Refer: 1/7/26

Caption

Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes.

Summary

This bill amends New York’s hate crimes statute to add two offenses to the list of “specified offenses”: aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree. Under the bill, those crimes would be treated like other enumerated underlying offenses that can support a hate-crime enhancement when committed with the required discriminatory motive. The measure is narrow in scope and does not create a new standalone crime. Instead, it changes the Penal Law’s hate-crime framework so that conduct involving aggravated desecration of cemeteries can be prosecuted as a hate crime when the facts show bias-based intent. The bill takes effect immediately upon enactment.

Impact

The bill would amend Penal Law section 485.05, which defines the offenses that may be elevated or punished as hate crimes, by inserting aggravated cemetery desecration in the first and second degrees into the list of specified offenses. As a result, prosecutors could seek hate-crime treatment for those offenses, potentially increasing penalties and affecting sentencing, charging decisions, and criminal records for defendants convicted of bias-motivated cemetery desecration. It would not alter the underlying cemetery desecration statutes themselves, but it would expand the reach of New York’s hate-crime law to cover these offenses.

Sentiment

The available context suggests the bill is generally framed as a protective measure aimed at addressing bias-motivated vandalism and desecration of cemeteries. Because there are no committee transcripts or recorded votes provided, there is no documented debate in the supplied materials, but the bill’s sponsorship and caption indicate support for strengthening hate-crime enforcement in this area. The absence of recorded opposition in the materials means the overall sentiment cannot be measured precisely, though the proposal appears to be presented as a targeted public-safety and anti-bias measure.

Contention

The main policy question is whether aggravated cemetery desecration should be treated as a hate-crime predicate offense, which would expose defendants to enhanced penalties when discriminatory motive is proven. Supporters would likely view the change as necessary to recognize the unique harm caused by bias-driven desecration of burial sites and to provide stronger deterrence and punishment. Potential critics could argue that the existing cemetery desecration laws are sufficient or that expanding hate-crime predicates risks over-penalization, but no specific objections are documented in the provided record.