senate Bill S563

Relates to criminal mischief in the third degree

download pdf

Sponsor

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1302
  • 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

Relates to criminal mischief in the third degree.

do you support this bill?

Bill Details

Versions:
S563
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: S4641
2009-2010: S4636

Sponsor 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.

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

                                   563

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.