BILL NUMBER:A10672
TITLE OF BILL: An act to amend the penal law, in relation to criminal
mischief in the second degree
PURPOSE: Establishes a person is guilty of criminal mischief in the
second degree when he or she damages property that is public property.
SUMMARY OF PROVISIONS: Section 1. Section 145.10 of the penal law, as
amended by chapter 961 of the laws of 1971, is amended to include; crim-
inal 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, damages property
that is public property. Public property includes property owned, oper-
ated or controlled by any governmental agency, including, but not limit-
ed to, parks, playgrounds, parking lots, schools, libraries, post
offices, municipal transit facilities and other public buildings. Crimi-
nal mischief in the second degree is a class D felony. Section 2. This
act shall take effect on the ninetieth day after it shall have become a
law.
JUSTIFICATION: Damaging public property is becoming an increasingly
large problem in all areas of the State. Last year the MTA installed new
shelters at bus stops across Staten Island with the intent to keep
commuters dry and provide shelter and shade, A recent incident of
S T A T E O F N E W Y O R K
________________________________________________________________________
10672
I N A S S E M B L Y
April 14, 2010
___________
Introduced by M. of A. HYER-SPENCER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to criminal mischief in the
second degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 145.10 of the penal law, as amended by chapter 961
of the laws of 1971, is amended to read as follows:
S 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 THAT IS PUBLIC PROPERTY. FOR THE PURPOSES OF THIS
SECTION, "PUBLIC PROPERTY" MEANS PROPERTY OWNED, OPERATED OR CONTROLLED
BY ANY GOVERNMENTAL AGENCY, INCLUDING, BUT NOT LIMITED TO, PARKS, PLAY-
GROUNDS, PARKING LOTS, SCHOOLS, LIBRARIES, POST OFFICES, MUNICIPAL TRAN-
SIT FACILITIES AND OTHER PUBLIC BUILDINGS; OR
2. damages property of another person in an amount exceeding one thou-
sand five hundred dollars.
Criminal mischief in the second degree is a class D 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.
LBD08788-01-9
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