S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          996
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2009
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- 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 destruction
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 145.28
    2  and 145.29 to read as follows:
    3  S 145.28 CRIMINAL DESTRUCTION IN THE SECOND DEGREE.
    4    A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE SECOND  DEGREE  WHEN
    5  HE  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,
    6  AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS  LAW,
    7  THAT  IS  GROWN  FOR  PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR
    8  RESEARCH PURPOSES IN THE CONTEXT OF A  PRODUCT  DEVELOPMENT  PROGRAM  IN
    9  CONJUNCTION  OR  COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY OR A
   10  UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY.
   11    CRIMINAL DESTRUCTION IN THE SECOND DEGREE IS A CLASS E FELONY.
   12  S 145.29 CRIMINAL DESTRUCTION IN THE FIRST DEGREE.
   13    A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE FIRST DEGREE WHEN HE
   14  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,  AS
   15  DEFINED  IN  SECTION  SEVENTY-ONE-Y  OF THE AGRICULTURE AND MARKETS LAW,
   16  THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES,  OR  FOR  TESTING  OR
   17  RESEARCH  PURPOSES  IN  THE  CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN
   18  CONJUNCTION OR COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY  OR  A
   19  UNIVERSITY  OR  ANY  FEDERAL,  STATE, OR LOCAL GOVERNMENT AGENCY AND THE
   20  VALUE OF SUCH FARM PRODUCT IS GREATER THAN TEN  THOUSAND  DOLLARS.  SUCH
   21  VALUE  SHALL  BE  BASED ON THE MARKET VALUE OF THE FARM PRODUCT PRIOR TO
   22  THE DAMAGE OR DESTRUCTION, AND PRODUCTION, RESEARCH,  TESTING,  REPLACE-
   23  MENT,  AND  CROP  DEVELOPMENT COSTS DIRECTLY RELATED TO THE FARM PRODUCT
   24  THAT HAS BEEN DAMAGED OR DESTROYED AS PART OF  THE  VALUE  OF  THE  FARM
   25  PRODUCT.
   26    CRIMINAL DESTRUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
   27    S 2. This act shall take effect on the first of November next succeed-
   28  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.
                                                                  LBD06327-01-9