Bill Text: NY S04321 | 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 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04321 Detail]

Download: New_York-2019-S04321-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4321
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 7, 2019
                                       ___________
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed 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

        S. 4321                             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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