S3356-2013 Actions

• Feb 1, 2013: REFERRED TO CODES

S3356-2013 Memo

BILL NUMBER:S3356

TITLE OF BILL:  An act to amend the penal law and the general business
law, in relation to criminal mischief and securities fraud

PURPOSE OR GENERAL IDEA OF BILL:  To raise the existing monetary thresh-
olds for Felony-Level Criminal Mischief and Securities Fraud.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 145.05 of the
Penal Law to raise the monetary property damage threshold from ($250) to
$1,000.

Section 2 of the bill amends section 145.10 of the Penal Law to raise
the monetary property damage threshold from ($1,500) to $3,000. Section
3 of the bill amends subdivision 6 of section 352-c of the general busi-
ness to raise the monetary threshold from ($250) to $1,000.

JUSTIFICATION:  Current monetary thresholds for criminal mischief in the
second and third degrees (Penal Law sections 145.05 (2) and 145.10,
respectively) are too low and should be raised to conform to the higher
thresholds established by the Legislature in 1986 for comparable theft
and stolen property-related felony offenses such as grand larceny, crim-
inal Possession of stolen property and insurance fraud.

Accordingly, this measure adjusts for inflation to reflect the realities
of the monetary world of 2009. Present monetary thresholds are unrealis-
tically low and unduly strain police resources. While felony arrests for
low-level thefts are routinely reduced to misdemeanors by prosecutors
and judges, the police must adhere to the law and process a three
hundred dollar theft as a felony. This rewires substantial allocation of
resources and reduces the number of police officers available for
patrol. In addition, this measure would correct a related anomaly in the
law amending subdivision six of the General Business Law section 352-c
to raise to $1,000 the current $250 threshold for the class E felony
securities fraud offense.

PRIOR LEGISLATIVE HISTORY:  Senate 2009-10: S.4688 - Passed Senate

Assembly 2009-10: A.8195 (Lentol) - Referred to Codes

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

S3356-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3356
 2013-2014 Regular Sessions
 I N  SENATE
 February 1, 2013
 
 Introduced  by  Sens.  HASSELL-THOMPSON, DIAZ, KRUEGER -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Codes
 AN  ACT to amend the penal law and the general business law, in relation
 to criminal mischief and securities fraud
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
 amended by chapter 276 of the laws  of  2003,  is  amended  to  read  as
 follows:

 2.  damages  property  of  another  person in an amount exceeding [two
 hundred fifty] ONE THOUSAND dollars.
 

S 2.

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 has such right, he
 damages property of another person in an amount  exceeding  [one]  THREE
 thousand [five hundred] dollars.
 Criminal mischief in the second degree is a class D felony.
 

S  3.  Subdivision  6 of section 352-c of the general business law, as
 added by chapter 146 of the laws of 1982, is amended to read as follows:

 6. Any person, partnership, corporation,  company,  trust  or  associ
 ation,  or  any  agent  or employee thereof who intentionally engages in
 fraud, deception, concealment, suppression, false pretense or fictitious
 or pretended purchase or sale, or who makes any material false represen
 tation or statement with intent to deceive or defraud, while engaged  in
 inducing  or promoting the issuance, distribution, exchange, sale, nego
 tiation or purchase within or from  this  state  of  any  securities  or
 commodities,  as defined in this article, and thereby wrongfully obtains
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04598-01-3
 
       S. 3356                             2
 property of a value in  excess  of  [two  hundred  fifty]  ONE  THOUSAND
 dollars, shall be guilty of a class E felony.
 

S  4.  This  act  shall  take  effect  immediately  and shall apply to
 offenses committed on or after such  effective  date,  and  to  offenses
 committed  prior  to  such  effective date where the criminal proceeding
 arising out of the commission of such offense is pending on  the  effec
 tive date of this act.

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

Discuss!