S T A T E O F N E W Y O R K
________________________________________________________________________
3464
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PRETLOW, GALEF, HOOPER, COLTON, COOK, WEINSTEIN,
WALKER, TOWNSEND -- Multi-Sponsored by -- M. of A. CANESTRARI, CLARK,
DINOWITZ, GLICK, MAYERSOHN, SCARBOROUGH, SEMINERIO, TOWNS -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law and the family
court act, in relation to criminal mischief in certain cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 145.00, 145.05, and 145.10 of the penal law,
section 145.00 as amended by chapter 69 of the laws of 2008, section
145.05 as amended by chapter 276 of the laws of 2003 and section 145.10
as amended by chapter 961 of the laws of 1971, are amended to read as
follows:
S 145.00 Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he or
she has such right, he or she:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned
building as defined in section one thousand nine hundred seventy-one-a
of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount exceed-
ing two hundred fifty dollars; or
4. With intent to prevent a person from communicating a request for
emergency assistance, intentionally disables or removes telephonic, TTY
or similar communication sending equipment while that person: (a) is
attempting to seek or is engaged in the process of seeking emergency
assistance from police, law enforcement, fire or emergency medical
services personnel; or (b) is attempting to seek or is engaged in the
process of seeking emergency assistance from another person or entity in
order to protect himself, herself or a third person from imminent phys-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02039-03-9
A. 3464 2
ical injury. The fact that the defendant has an ownership interest in
such equipment shall not be a defense to a charge pursuant to this
subdivision.
5. HAVING NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
ALARM ANOTHER PERSON, HE OR SHE INTENTIONALLY DAMAGES MARITAL PROPERTY,
AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF PART B OF SECTION TWO
HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN WHICH THAT OTHER
PERSON AND THE ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
Criminal mischief in the fourth degree is a class A misdemeanor.
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 dollars[.]; OR
3. WITH THE INTENT TO HARASS, ANNOY, OR ALARM ANOTHER PERSON, HE
INTENTIONALLY DAMAGES MARITAL PROPERTY, AS DEFINED IN PARAGRAPH C OF
SUBDIVISION ONE OF PART B OF SECTION TWO HUNDRED THIRTY-SIX OF THE
DOMESTIC RELATIONS LAW, IN AN AMOUNT EXCEEDING TWO HUNDRED FIFTY
DOLLARS, IN WHICH THAT OTHER PERSON AND THE ACTOR SHARE A POSSESSORY OR
PROPRIETARY INTEREST.
Criminal mischief in the third degree is a class E felony.
S 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second degree when
[with]:
1. WITH intent to damage property of another person, and having no
right to do so nor any reasonable ground to believe that he has such
right, he damages property of another person in an amount exceeding one
thousand five hundred dollars[.]; OR
2. HAVING NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
ALARM ANOTHER PERSON, HE INTENTIONALLY DAMAGES MARITAL PROPERTY, AS
DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF PART B OF SECTION TWO
HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN AN AMOUNT EXCEEDING
ONE THOUSAND FIVE HUNDRED DOLLARS, IN WHICH THAT OTHER PERSON AND THE
ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
Criminal mischief in the second degree is a class D felony.
S 2. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 326 of the laws of 2008,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, CRIMINAL MISCHIEF IN THE SECOND DEGREE, CRIMINAL
MISCHIEF IN THE THIRD DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE,
harassment in the first degree, harassment in the second degree, aggra-
vated harassment in the second degree, stalking in the first degree,
stalking in the second degree, stalking in the third degree, stalking in
A. 3464 3
the fourth degree, criminal mischief, menacing in the second degree,
menacing in the third degree, reckless endangerment, assault in the
second degree, assault in the third degree or an attempted assault
between spouses or former spouses, or between parent and child or
between members of the same family or household except that if the
respondent would not be criminally responsible by reason of age pursuant
to section 30.00 of the penal law, then the family court shall have
exclusive jurisdiction over such proceeding. Notwithstanding a
complainant's election to proceed in family court, the criminal court
shall not be divested of jurisdiction to hear a family offense proceed-
ing pursuant to this section. For purposes of this section, "disorderly
conduct" includes disorderly conduct not in a public place. For purposes
of this section, "members of the same family or household" with respect
to a proceeding in the criminal courts shall mean the following:
S 3. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 326 of the laws of 2008, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, CRIMINAL MISCHIEF IN THE SECOND DEGREE, CRIMINAL
MISCHIEF IN THE THIRD DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE,
harassment in the first degree, harassment in the second degree, aggra-
vated harassment in the second degree, stalking in the first degree,
stalking in the second degree, stalking in the third degree, stalking in
the fourth degree, criminal mischief, menacing in the second degree,
menacing in the third degree, reckless endangerment, assault in the
second degree, assault in the third degree or an attempted assault
between spouses or former spouses, or between parent and child or
between members of the same family or household except that if the
respondent would not be criminally responsible by reason of age pursuant
to section 30.00 of the penal law, then the family court shall have
exclusive jurisdiction over such proceeding. Notwithstanding a
complainant's election to proceed in family court, the criminal court
shall not be divested of jurisdiction to hear a family offense proceed-
ing pursuant to this section. For purposes of this article, "disorderly
conduct" includes disorderly conduct not in a public place. For
purposes of this article, "members of the same family or household"
shall mean the following:
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.