NY State Senate Bill 2021-S5874

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 19, 2021	referred to codes

2021-S5874 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§145.05, 145.10 & 145.12, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S8993

2021-S5874 (ACTIVE) - Summary

Relates to criminal mischief and damages to municipal property.

2021-S5874 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5874

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to damages to municipal prop-
erty

 
PURPOSE:

To discourage the intentional damaging of publicly owned property which
results in a depravation of the public's use by increasing the penalties
upon conviction of such act(s).

 
SUMMARY OF PROVISIONS:

§ 1, adds provisions to define an unlawful act of damage to publicly
owned property which results in the government entity taking the proper-
ty out of service to the public. This new provision will impose a more
meaningful impact on a person convicted of such destruction by increas-
ing the criminal sentence to felony status.

§ 2, defines the amount of damage threshold resulting from such criminal
acts of destruction which increases the criminal charge and sentencing
under such act.

 
EXISTING LAW:

Penal law section(s) 145.00 through section(s) 145.12, does not define
criminal liability for the specific acts of damaging or destroying
publicly owned property.

 
JUSTIFICATION:

This act specifically identifies and proscribes criminal actions against
publicly owned property.  Historically, public property has been severe-
ly damaged as the result of criminal actions that has resulted in public
service disruptions as well as prohibitive costs to repair such damage.
Most recently, as reported in multiple news outlets, a lone individual
smashed subway car windows resulting in damage valued at over
$300,000.00 and placing numerous subway cars out of service and thus
depriving the public from utilizing those public services. The disen-
franchising of public access to public property as the result of crimi-
nal behavior must be dealt with to prevent, and make clear to those
engaged in such abhorrent behavior, that as a matter of public policy,
they would face higher criminal penalties.

 
LEGISLATIVE HISTORY:

2020 Session - S.8993 referred to Rules, no further action

 
FISCAL IMPLICATIONS:

none

 
EFFECTIVE DATE:
Immediately

2021-S5874 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5874
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 damages to municipal prop-
   erty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
 amended by chapter 276 of the laws of 2003, is amended and a new  subdi-
 vision 3 is added to read as follows:
   2.  damages  property  of  another  person  in an amount exceeding two
 hundred fifty dollars[.]; OR
   3. DAMAGES PROPERTY OWNED, CONTROLLED, LEASED OR UTILIZED BY A MUNICI-
 PALITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH RESULTS IN THE  PROPERTY
 TAKEN OUT OF SERVICE TO THE PUBLIC TO REPAIR SUCH DAMAGE.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.10 Criminal mischief in the second degree.
   A person is guilty of criminal mischief in the second 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 property of another person in an amount exceeding one thou-
 sand five hundred dollars[.]; OR
   2. DAMAGES PROPERTY OWNED, CONTROLLED, LEASED OR UTILIZED BY A MUNICI-
 PALITY,  TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH RESULTS IN THE PROPERTY
 TAKEN OUT OF SERVICE TO THE PUBLIC TO REPAIR SUCH DAMAGE AND  THE  VALUE
 OF THE DAMAGE EXCEEDS TWO HUNDRED FIFTY DOLLARS.
   Criminal mischief in the second degree is a class D felony.
   §  3.  Section 145.12 of the penal law, as added by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.12 Criminal mischief in the first degree.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08038-01-1

 S. 5874                             2
 
   A person is guilty of criminal mischief in the first 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 property of another person by means of an explosive[.]; OR
   2.   DAMAGES PROPERTY OWNED, CONTROLLED, LEASED OR UTILIZED BY A MUNI-
 CIPALITY, TOWN, VILLAGE OR PUBLIC AUTHORITY WHICH RESULTS IN THE PROPER-
 TY TAKEN OUT OF SERVICE TO THE PUBLIC TO  REPAIR  SUCH  DAMAGE  AND  THE
 VALUE OF SUCH DAMAGE EXCEEDS ONE THOUSAND FIVE HUNDRED DOLLARS.
   Criminal mischief in the first degree is a class B felony.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S5874

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S5874 (ACTIVE) - Details

2021-S5874 (ACTIVE) - Summary

2021-S5874 (ACTIVE) - Sponsor Memo

2021-S5874 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2021-S5874 (ACTIVE) - Details

2021-S5874 (ACTIVE) - Summary

2021-S5874 (ACTIVE) - Sponsor Memo

2021-S5874 (ACTIVE) - Bill Text download pdf

Comments