Bill Text: NY S04641 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04641 Detail]

Download: New_York-2011-S04641-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4641
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2011
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- 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
         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  S 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    S 2. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD03270-01-1