Bill Text: NY S03006 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes a person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so he or she damages property that is public property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S03006 Detail]

Download: New_York-2009-S03006-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3006
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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 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  SECTION, "PUBLIC PROPERTY" MEANS PROPERTY OWNED, OPERATED OR  CONTROLLED
   10  BY  ANY GOVERNMENTAL AGENCY, INCLUDING, BUT NOT LIMITED TO, PARKS, PLAY-
   11  GROUNDS, PARKING LOTS, SCHOOLS, LIBRARIES, POST OFFICES, MUNICIPAL TRAN-
   12  SIT 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.
                                                                  LBD08788-01-9