Bill Text: NY A05157 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides that damaging certain mechanisms such as locks, security devices, anti-theft and recovery devices consisting of an electronic homing device and dashboard items on a motor vehicle shall be criminal mischief in the third degree regardless of value.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-07 - referred to codes [A05157 Detail]

Download: New_York-2019-A05157-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
        Introduced  by  M. of A. CYMBROWITZ, DenDEKKER -- read once and referred
          to the Committee on Codes
        AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
          mischief in the third 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 dollars[.]; or
    19    3. damages property of another person consisting  of  any  part  of  a
    20  lock,  alarm or security device, anti-theft and recovery device consist-
    21  ing of an  electronic  homing  device,  steering  mechanism,  dashboard,
    22  radio,  airbag,  or  ignition  system  of a motor vehicle, as defined in
    23  section one hundred twenty-five of the vehicle and traffic law.
    24    Criminal mischief in the third degree is a class E felony.
    25    § 2. This act shall take effect on the first of January next  succeed-
    26  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.