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Assembly Bill A5012

2009-2010 Legislative Session

Relates to criminal mischief in the third degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A5012 (ACTIVE) - Details

See Senate Version of this Bill:
S4636
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4328, S4641
2013-2014: S563
2015-2016: S562
2017-2018: S4421
2019-2020: S4321
2021-2022: S2888
2023-2024: S3239
2025-2026: S5023

2009-A5012 (ACTIVE) - Summary

Relates to criminal mischief in the third degree.

2009-A5012 (ACTIVE) - Bill Text download pdf 

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

                                  5012

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred 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.
                                                           LBD03993-01-9

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