Raises the monetary value of damaged property that is considered criminal mischief or securities fraud.
Ayes (40): Adams, Addabbo, Alesi, Aubertine, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Foley, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Leibell, Marcellino, Maziarz, McDonald, Montgomery, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky
Nays (21): Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Johnson O, Lanza, Larkin, LaValle, Libous, Little, Nozzolio, Robach, Saland, Seward, Skelos, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S4688
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 thresholds 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 business 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, criminal 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 unrealistically 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 requires 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 : New Bill
FISCAL IMPLICATIONS : To be determined
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4688 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. HASSELL-THOMPSON -- 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 obtainsEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11433-01-9 S. 4688 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.