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Assembly Bill A3822

2009-2010 Legislative Session

Relates to damage to a motor vehicle as criminal mischief

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Archive: Last Bill Status - In Assembly Committee

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2009-A3822 (ACTIVE) - Details

See Senate Version of this Bill:
S1898
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2897, S1038
2013-2014: A1484
2015-2016: A1291
2017-2018: A3701
2019-2020: A5157
2021-2022: A3577

2009-A3822 (ACTIVE) - Summary

Provides that damaging certain mechanisms such as locks, security devices, anti-theft and recovery devices consisting of an electronic homing device and dashboard items on a motor vehicle shall be criminal mischief in the third degree regardless of value.

2009-A3822 (ACTIVE) - Bill Text download pdf 

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

                                  3822

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ -- Multi-Sponsored by -- M. of A.
  PHEFFER, ROBINSON -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  the  crime  of  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 dollars[.]; OR
  3. DAMAGES PROPERTY OF ANOTHER PERSON CONSISTING  OF  ANY  PART  OF  A
LOCK,  ALARM OR SECURITY DEVICE, ANTI-THEFT AND RECOVERY DEVICE CONSIST-
ING OF AN  ELECTRONIC  HOMING  DEVICE,  STEERING  MECHANISM,  DASHBOARD,
RADIO,  AIRBAG,  OR  IGNITION  SYSTEM  OF A MOTOR VEHICLE, AS DEFINED IN
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  Criminal mischief in the third degree is a class E felony.
  S 2. This act shall take effect on the first of January 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.

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