A2897-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 21, 2011: referred to codes

A2897-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2897
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 21, 2011
 
 Introduced by M. of A. CYMBROWITZ, DenDEKKER -- Multi-Sponsored by -- M.
 of  A. PHEFFER, ROBINSON -- read once and referred to the Committee on
 Codes
 

AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
 mischief in the third degree
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 145.05 of the penal law, as amended by chapter  276
 of the laws of 2003, is amended to read as follows:

 

S 145.05 Criminal mischief in the third degree.
 A person is guilty of criminal mischief in the third degree when, with
 intent  to  damage property of another person, and having no right to do
 so nor any reasonable ground to believe that he or she has  such  right,
 he or she:

 1.  damages the motor vehicle of another person, by breaking into such
 vehicle when it is locked with the  intent  of  stealing  property,  and
 within  the  previous  ten year period, has been convicted three or more
 times, in separate criminal transactions for which sentence was  imposed
 on  separate  occasions,  of  criminal  mischief in the fourth degree as
 defined in section 145.00, criminal mischief  in  the  third  degree  as
 defined  in  this  section,  criminal  mischief  in the second degree as
 defined in section 145.10, or criminal mischief in the first  degree  as
 defined in section 145.12 of this article; or
 2.  damages  property  of  another  person  in an amount exceeding two
 hundred fifty dollars[.]; OR
 3. DAMAGES PROPERTY OF ANOTHER PERSON CONSISTING  OF  ANY  PART  OF  A
 LOCK,  ALARM OR SECURITY DEVICE, ANTI-THEFT AND RECOVERY DEVICE CONSIST
 ING OF AN  ELECTRONIC  HOMING  DEVICE,  STEERING  MECHANISM,  DASHBOARD,
 RADIO,  AIRBAG,  OR  IGNITION  SYSTEM  OF A MOTOR VEHICLE, AS DEFINED IN
 SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
 Criminal mischief in the third degree is a class E felony.
 

S 2. This act shall take effect on the first of January next  succeed
 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.
 LBD04444-01-1

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!