Bill Text: NY A03253 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2018-02-01 - advanced to third reading cal.626 [A03253 Detail]

Download: New_York-2017-A03253-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3253
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by M. of A. AUBRY, GOTTFRIED, ZEBROWSKI, COOK, ARROYO, WALK-
          ER, HOOPER, PICHARDO, RICHARDSON, PALUMBO, GRAF -- Multi-Sponsored  by
          --  M.  of A.   BLAKE, GLICK, McDONOUGH, PERRY, SIMON -- 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06831-01-7
        A. 3253                             2
     1    A person is guilty of criminal mischief in the second degree when with
     2  intent to damage property of another person, and having no right  to  do
     3  so  nor  any  reasonable  ground  to  believe that he has such right, he
     4  damages property of another person in an amount  exceeding  [one]  three
     5  thousand [five hundred] dollars.
     6    Criminal mischief in the second degree is a class D felony.
     7    § 3. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.