Bill Text: NY S08993 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to criminal mischief and damages to municipal property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-09-21 - REFERRED TO RULES [S08993 Detail]

Download: New_York-2019-S08993-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8993

                    IN SENATE

                                   September 21, 2020
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to damages to municipal prop-
          erty

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
     2  amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
     3  vision 3 is added to read as follows:
     4    2.  damages  property  of  another  person  in an amount exceeding two
     5  hundred fifty dollars[.]; or
     6    3. damages property owned, controlled, leased or utilized by a munici-
     7  pality, town, village or public authority which results in the  property
     8  taken out of service to the public to repair such damage.
     9    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
    10  laws of 1971, is amended to read as follows:
    11  § 145.10 Criminal mischief in the second degree.
    12    A person is guilty of criminal mischief in the second degree when with
    13  intent  to  damage property of another person, and having no right to do
    14  so nor any reasonable ground to believe that he or she has  such  right,
    15  he or she:
    16    1. damages property of another person in an amount exceeding one thou-
    17  sand five hundred dollars[.]; or
    18    2. damages property owned, controlled, leased or utilized by a munici-
    19  pality,  town, village or public authority which results in the property
    20  taken out of service to the public to repair such damage and  the  value
    21  of the damage exceeds two hundred fifty dollars.
    22    Criminal mischief in the second degree is a class D felony.
    23    §  3.  Section 145.12 of the penal law, as added by chapter 961 of the
    24  laws of 1971, is amended to read as follows:
    25  § 145.12 Criminal mischief in the first degree.
    26    A person is guilty of criminal mischief in the first degree when  with
    27  intent  to  damage property of another person, and having no right to do

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17238-01-0

        S. 8993                             2

     1  so nor any reasonable ground to believe that he or she has  such  right,
     2  he or she:
     3    1. damages property of another person by means of an explosive[.]; or
     4    2.   damages property owned, controlled, leased or utilized by a muni-
     5  cipality, town, village or public authority which results in the proper-
     6  ty taken out of service to the public to  repair  such  damage  and  the
     7  value of such damage exceeds one thousand five hundred dollars.
     8    Criminal mischief in the first degree is a class B felony.
     9    §  4.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.
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