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Senate Bill S865

2009-2010 Legislative Session

Provides that certain politically motivated activity shall constitute the crime of criminal mischief in the third degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S865 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2456

2009-S865 (ACTIVE) - Summary

Provides that certain politically motivated activity shall constitute the crime of criminal mischief in the third degree when a person with intent to damage another's property and has no right to do so, damages property exceeding a value of two hundred fifty dollars and intends to commit politically motivated activity or acts on behalf of any association, organization or entity with the purpose of supporting politically motivated activity to obstruct, impeded or deter persons from participating in lawful animal activity.

2009-S865 (ACTIVE) - Sponsor Memo

2009-S865 (ACTIVE) - Bill Text download pdf 

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

                                   865

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed 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 dollars; OR
  3. DAMAGES PROPERTY OF ANOTHER  PERSON  IN  AN  AMOUNT  EXCEEDING  TWO
HUNDRED  FIFTY DOLLARS AND: (A) HIS OR HER INTENT TO COMMIT THE ACTIVITY
WAS POLITICALLY MOTIVATED; OR (B) HE OR SHE ACTED ON BEHALF  OR  AT  THE
REQUEST  OF  OR  THE  BENEFIT  OF ANY ASSOCIATION, ORGANIZATION, ENTITY,
COALITION, OR COMBINATION OF TWO OR MORE PERSONS  WITH  THE  PRIMARY  OR
INCIDENTAL  PURPOSE  OF  SUPPORTING  ANY  POLITICALLY MOTIVATED ACTIVITY
THROUGH INTIMIDATION, COERCION, FEAR, OR OTHER MEANS THAT IS INTENDED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06329-01-9

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