Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Hassell-Thomps
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the penal law, in relation to intentional damage to an authorized emergency vehicle
PURPOSE: To include purposefully damaging an authorized emergency response vehicle within the definition of Criminal Mischief in the third degree, a class "E" felony
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 3 to Penal Law section 145 05 to provide that the crime of Criminal Mischief in the third degree, a class "E" felony, is committed when an individual intentionally causes any damage to any authorized emergency vehicle.
Section two provides that this act shall take effect on the ninetieth day after it shall have become law.
EXISTING LAW: Under current law, a person who intentionally damages an authorized emergency vehicle would be charged with the offense of criminal mischief in the fourth degree, a class "A" misdemeanor if the damage did not exceed $250.
JUSTIFICATION: This bill is intended to expand the offense of criminal mischief in the third degree so that individuals who intentionally damage authorized emergency vehicles may be charged with a felony instead of a misdemeanor. Individuals with blatant disregard of the law often vandalize police and other emergency vehicles by slashing the vehicle's tires or breaking its windows. If this type of damage does not exceed the monetary threshold amount of $250, a felony cannot be charged, even though the harm to the public that results from a disabled emergency response vehicle can be far greater.
Currently, an individual is guilty of criminal mischief in the fourth degree, a Class "A" misdemeanor, if he or she intentionally causes property damage that does not exceed $250 in value. Therefore, the damage caused by an individual who flattens the tires or smashes the window of an authorized emergency vehicle, such as a patrol car, does not exceed $250, he or she may be charged with only a class "A" misdemeanor. When the potential consequences of impeding an emergency response are considered to be damages, the cost of intentional damage to an authorized emergency vehicle can easily exceed $250 Additionally, this type of obstruction to emergency response vehicle potentially creates a great risk to public safety,
LEGISLATIVE HISTORY: 2012: S. 2209 - Referred to Codes 2011: S. 2209 - Passed Senate 2009-10: S.2119 - Referred to Codes 2007-8: S.4270 Passed Senate both years 2006: S.7838 - Passed Senate
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4390 2013-2014 Regular Sessions IN SENATE March 26, 2013 ___________Introduced by Sen. GOLDEN -- 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 intentional damage to an authorized emergency vehicle 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 AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE 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 ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08742-01-3