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

                                  2897

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. CYMBROWITZ, DenDEKKER -- 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.
                                                           LBD04444-01-1