S T A T E O F N E W Y O R K ________________________________________________________________________ 10423 I N A S S E M B L Y May 29, 2012 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to 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 145.10 of the penal law, as amended by chapter 961 2 of the laws of 1971, is amended to read as follows: 3 S 145.10 Criminal mischief in the second degree. 4 A person is guilty of criminal mischief in the second 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 PROPERTY THAT IS PUBLIC PROPERTY. FOR THE PURPOSES OF THIS 9 SUBDIVISION, "PUBLIC PROPERTY" MEANS PROPERTY OWNED, OPERATED OR 10 CONTROLLED BY ANY GOVERNMENTAL AGENCY INCLUDING, BUT NOT LIMITED TO, 11 PARKS, PLAYGROUNDS, PARKING LOTS, SCHOOLS, LIBRARIES, POST OFFICES, 12 MUNICIPAL TRANSIT FACILITIES AND OTHER PUBLIC BUILDINGS; OR 13 2. damages property of another person in an amount exceeding one thou- 14 sand five hundred dollars. 15 Criminal mischief in the second degree is a class D felony. 16 S 2. This act shall take effect on the ninetieth day after it shall 17 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04497-01-1