Creates the crime of criminal destruction in the first and second degrees; a person is guilty of criminal destruction in the second degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes; a person is guilty of criminal destruction in the first degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes and the value of such farm product is greater than ten thousand dollars; criminal destruction in second degree is a class E felony and criminal destruction in the first degree is a class D felony.

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S2458-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 21, 2011: REFERRED TO CODES

S2458-2011 Memo

BILL NUMBER:S2458

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal destruction

PURPOSE:
To specify that willful and knowing destruction of an
experimental research crop is criminal destruction.

SUMMARY OF PROVISIONS:
Amends the Penal Law by adding two new sections on criminal
destruction. A person is guilty of criminal destruction in the second
degree when he or she willfully and knowingly damages or destroys any
field crop product that is grown for personal or commercial purposes,
or for testing or research purposes in the context of a product
development program in conjunction or coordination with a private
research facility or a university or any federal, state, or local
government agency. If the value of such field crop product is greater
than ten thousand dollars based on the market value of the crop prior
to the damage or destruction, and production, research, testing,
replacement, and crop development costs directly related to the crop
that has been damaged or destroyed as part of the value of the crop,
then such person is guilty of criminal destruction in the first
degree. Criminal destruction in the second degree is a class E felony
and in the first degree is a class D felony.

JUSTIFICATION:
Over the past two to three years there has been a serious rise in
domestic terrorism by groups who vandalize or destroy property for a
"political cause". The attacks of these extremists are especially
alarming to agricultural and higher education communities.
Agricultural research takes significant investment and the
destruction of a research crop may cause for more serious damage than
is reflected by the market value of the crop in the field. For
example, a graduate student's three year doctoral project was
destroyed in an attack at UC-Davis that appeared to be
indiscriminate, with 85% of the damaged crops being crops that were
traditionally bred.
Similarly, in July of 2000 vandals chopped down acres of corn at Cold
Spring Harbor Laboratory destroying two years of genetic experiments
that were the result of natural plant breeding, not genetic
modification. These acts of destruction are criminal acts, regardless
of their supposed political purpose. The penal law should recognize
the seriousness of these acts, and needs a
specific mechanism to calculate the value to the researcher of these
field crops. This legislation provides that mechanism.

LEGISLATIVE HISTORY:
S.996  of 2009-2010
S.1556 of 2007-2008
S.1486 of 2005-2006
S.884  of 2003-2004
S.4756 of 2001-2002

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
First day of November next succeeding enactment.

S2458-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2458

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 21, 2011
                                 ___________

  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:


    Section  1. The penal law is amended by adding two new sections 145.28
  and 145.29 to read as follows:

  S 145.28 CRIMINAL DESTRUCTION IN THE SECOND DEGREE.
    A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE SECOND  DEGREE  WHEN
  HE  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,
  AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS  LAW,
  THAT  IS  GROWN  FOR  PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR
  RESEARCH PURPOSES IN THE CONTEXT OF A  PRODUCT  DEVELOPMENT  PROGRAM  IN
  CONJUNCTION  OR  COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY OR A
  UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY.
    CRIMINAL DESTRUCTION IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 145.29 CRIMINAL DESTRUCTION IN THE FIRST DEGREE.
    A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE FIRST DEGREE WHEN HE
  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,  AS
  DEFINED  IN  SECTION  SEVENTY-ONE-Y  OF THE AGRICULTURE AND MARKETS LAW,
  THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES,  OR  FOR  TESTING  OR
  RESEARCH  PURPOSES  IN  THE  CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN
  CONJUNCTION OR COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY  OR  A
  UNIVERSITY  OR  ANY  FEDERAL,  STATE, OR LOCAL GOVERNMENT AGENCY AND THE
  VALUE OF SUCH FARM PRODUCT IS GREATER THAN TEN  THOUSAND  DOLLARS.  SUCH
  VALUE  SHALL  BE  BASED ON THE MARKET VALUE OF THE FARM PRODUCT PRIOR TO
  THE DAMAGE OR DESTRUCTION, AND PRODUCTION, RESEARCH,  TESTING,  REPLACE-
  MENT,  AND  CROP  DEVELOPMENT COSTS DIRECTLY RELATED TO THE FARM PRODUCT
  THAT HAS BEEN DAMAGED OR DESTROYED AS PART OF  THE  VALUE  OF  THE  FARM
  PRODUCT.
    CRIMINAL DESTRUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
    S 2. This act shall take effect on the first of November 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.
                                                             LBD07357-01-1