Bill Text: NY A00745 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to criminal mischief in the third degree and criminal mischief in the second degree.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A00745 Detail]

Download: New_York-2019-A00745-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           745
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2019
                                       ___________
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to criminal mischief  in  the
          third degree and criminal mischief in the second degree
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 145.05 of the penal law, as amended by chapter  276
     2  of the laws of 2003, is amended to read as follows:
     3  § 145.05 Criminal mischief in the third degree.
     4    A person is guilty of criminal mischief in the third degree when, with
     5  intent  to  damage property of another person, and having no right to do
     6  so nor any reasonable ground to believe that he or she has  such  right,
     7  he or she:
     8    1.  damages the motor vehicle of another person, by breaking into such
     9  vehicle when it is locked with the  intent  of  stealing  property,  and
    10  within  the  previous  ten year period, has been convicted three or more
    11  times, in separate criminal transactions for which sentence was  imposed
    12  on  separate  occasions,  of  criminal  mischief in the fourth degree as
    13  defined in section 145.00, criminal mischief  in  the  third  degree  as
    14  defined  in  this  section,  criminal  mischief  in the second degree as
    15  defined in section 145.10, or criminal mischief in the first  degree  as
    16  defined in section 145.12 of this article; or
    17    2.  damages  property  of  another  person in an amount exceeding [two
    18  hundred fifty] one thousand dollars.
    19    Criminal mischief in the third degree is a class E felony.
    20    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
    21  laws of 1971, is amended to read as follows:
    22  § 145.10 Criminal mischief in the second degree.
    23    A person is guilty of criminal mischief in the second degree when with
    24  intent to damage property of another person, and having no right  to  do
    25  so  nor  any  reasonable  ground  to  believe that he has such right, he
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07448-01-9

        A. 745                              2
     1  damages property of another person in an amount  exceeding  [one]  three
     2  thousand [five hundred] dollars.
     3    Criminal mischief in the second degree is a class D felony.
     4    § 3. This act shall take effect on the first of November next succeed-
     5  ing the date on which it shall have become a law.
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