Bill Text: NY A05435 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5435 (Prior Session Legislation)

Introduced

Bill Title: Defines the destruction of letter boxes or mail as criminal mischief in the third degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05435 Detail]

Download: New_York-2013-A05435-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5435
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 26, 2013
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to defining the destruction
         of letter boxes or mail as 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 dollars[.]; OR
   19    3.  INJURES, TEARS DOWN OR DESTROYS ANY LETTER BOX OR OTHER RECEPTACLE
   20  INTENDED OR USED FOR THE RECEIPT OR DELIVERY OF MAIL ON ANY MAIL  ROUTE,
   21  OR BREAKS OPEN THE SAME OR INJURES OR DEFACES OR DESTROYS ANY MAIL THER-
   22  EIN.
   23    Criminal mischief in the third degree is a class E felony.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  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.
                                                                  LBD09269-01-3