S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
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
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.