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Senate Bill S996

2009-2010 Legislative Session

Relates to creating the crime of criminal destruction in the first and second degrees

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S996 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง145.28 & 145.29, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2458

2009-S996 (ACTIVE) - Summary

Creates the crime of criminal destruction in the first and second degrees; a person is guilty of criminal destruction in the second degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes; a person is guilty of criminal destruction in the first degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes and the value of such farm product is greater than ten thousand dollars; criminal destruction in second degree is a class E felony and criminal destruction in the first degree is a class D felony.

2009-S996 (ACTIVE) - Sponsor Memo

2009-S996 (ACTIVE) - Bill Text download pdf 

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

                                   996

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 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 destruction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 145.28
and 145.29 to read as follows:
S 145.28 CRIMINAL DESTRUCTION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE SECOND  DEGREE  WHEN
HE  OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,
AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS  LAW,
THAT  IS  GROWN  FOR  PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR
RESEARCH PURPOSES IN THE CONTEXT OF A  PRODUCT  DEVELOPMENT  PROGRAM  IN
CONJUNCTION  OR  COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY OR A
UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY.
  CRIMINAL DESTRUCTION IN THE SECOND DEGREE IS A CLASS E FELONY.
S 145.29 CRIMINAL DESTRUCTION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE FIRST DEGREE WHEN HE
OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT,  AS
DEFINED  IN  SECTION  SEVENTY-ONE-Y  OF THE AGRICULTURE AND MARKETS LAW,
THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES,  OR  FOR  TESTING  OR
RESEARCH  PURPOSES  IN  THE  CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN
CONJUNCTION OR COORDINATION  WITH  A  PRIVATE  RESEARCH  FACILITY  OR  A
UNIVERSITY  OR  ANY  FEDERAL,  STATE, OR LOCAL GOVERNMENT AGENCY AND THE
VALUE OF SUCH FARM PRODUCT IS GREATER THAN TEN  THOUSAND  DOLLARS.  SUCH
VALUE  SHALL  BE  BASED ON THE MARKET VALUE OF THE FARM PRODUCT PRIOR TO
THE DAMAGE OR DESTRUCTION, AND PRODUCTION, RESEARCH,  TESTING,  REPLACE-
MENT,  AND  CROP  DEVELOPMENT COSTS DIRECTLY RELATED TO THE FARM PRODUCT
THAT HAS BEEN DAMAGED OR DESTROYED AS PART OF  THE  VALUE  OF  THE  FARM
PRODUCT.
  CRIMINAL DESTRUCTION IN THE FIRST DEGREE IS A CLASS D FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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