S563-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S563-2013 Memo

BILL NUMBER:S563

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.

S563-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     563

                         2013-2014 Regular Sessions

                              I N  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