Relates to 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, Hassell-Thomps, 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, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Sanders
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the penal law, in relation to criminal mischief in the third degree
PURPOSE: To raise the monetary damages required for criminal mischief in the third degree.
SUMMARY OF PROVISIONS: Section 1 raises the minimum amount of property damage for criminal mischief in the third degree from $250 to $1000.
Section 2 establishes an effective date.
JUSTIFICATION: Historically, the monetary damage thresholds for criminal larceny were linked. The threshold for larceny was raised to account for inflation, but the criminal mischief statute was never amended accordingly. Under current New York law, damaging property in excess of $250 is a felony, while actually stealing the same property is only a misdemeanor. This bill would correct this inequality by adjusting the threshold for criminal mischief in the third degree to the same level as grand larceny.
LEGISLATIVE HISTORY: 2011-2012: S.4641/A.4328 2009-2010: A.5012
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: On the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 563 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DeFRANCISCO -- 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 third degree 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]ONE THOUSAND dollars. Criminal mischief in the third degree is a class E 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. LBD04624-01-3