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

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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

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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.