Bill S2941-2011

Establishes a person is guilty of criminal mischief in the second degree when he or she damages property that is public property

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.

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  • Jan 4, 2012: REFERRED TO CODES
  • Feb 3, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S2941

TITLE OF BILL:

An act to amend the penal law, in relation to criminal mischief in the second degree

PURPOSE:

Establishes a person is guilty of criminal mischief in the second degree when he or she damages property that is public property.

SUMMARY OF PROVISIONS:

Section 1. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to include; criminal mischief in the second degree. 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 nor any reasonable ground to believe that he or she has such right, he or she, damages property that is public property. Public property includes property owned, operated or controlled by any governmental agency, including, but not limited to, parks, playgrounds, parking lots, schools, libraries, post offices, municipal transit facilities and other public buildings. Criminal mischief in the second degree is a class D felony. Section 2. This act shall take effect on the ninetieth day after it shall have become a law.

JUSTIFICATION: Damaging public property is becoming an increasingly large problem in all areas of the State. Last year the MTA installed new shelters at bus stops across Staten Island with the intent to keep commuters dry and provide shelter and shade, A recent incident of vandalism occurred in Staten Island at a bus stop frequently used by both senior citizens as well as students attending public school, where the shelters glass walls were completely broken and shards of glass were strewn across the sidewalk, benches and street. This form of vandalism not only poses a danger to individuals waiting for the bus, but costs significant money to repair. Establishing a class D felony for damaging public property is a simple and effective way to deter future instances from occurring.

LEGISLATIVE HISTORY: 2010: S.3006 - Referred to Codes/A.10672 - Referred to Codes 2009: S.3006 - Referred to Codes/A.10672 - Referred to Codes 2008: S.8352 - Referred to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2941 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________
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: Section 1. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to read as follows: S 145.10 Criminal mischief in the second degree. 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 nor any reasonable ground to believe that he OR SHE has such right, he OR SHE: 1. DAMAGES PROPERTY THAT IS PUBLIC PROPERTY. FOR THE PURPOSES OF THIS SUBDIVISION, "PUBLIC PROPERTY" MEANS PROPERTY OWNED, OPERATED OR CONTROLLED BY ANY GOVERNMENTAL AGENCY INCLUDING, BUT NOT LIMITED TO, PARKS, PLAYGROUNDS, PARKING LOTS, SCHOOLS, LIBRARIES, POST OFFICES, MUNICIPAL TRANSIT FACILITIES AND OTHER PUBLIC BUILDINGS; OR 2. damages property of another person in an amount exceeding one thou- sand five hundred dollars. Criminal mischief in the second degree is a class D felony. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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