senate Bill S4390

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Mar / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1344
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree.

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Bill Details

See Assembly Version of this Bill:
A5846
Versions:
S4390
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2209, A5197
2009-2010: S2119, A10204
2007-2008: A3493

Sponsor Memo

BILL NUMBER:S4390

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.


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

                                  4390

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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

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