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Senate Bill S1038

2011-2012 Legislative Session

Relates to damage to a motor vehicle as criminal mischief

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S1038 (ACTIVE) - Details

See Assembly Version of this Bill:
A2897
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1898, A3822
2013-2014: A1484
2015-2016: A1291
2017-2018: A3701
2019-2020: A5157
2021-2022: A3577

2011-S1038 (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.

2011-S1038 (ACTIVE) - Sponsor Memo

2011-S1038 (ACTIVE) - Bill Text download pdf 

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

                                  1038

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  PARKER,  SAMPSON, SMITH -- 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 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.

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