senate Bill S2941

2011-2012 Legislative Session

Establishes a person is guilty of criminal mischief in the second degree when he or she damages property that is public property

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

S2941 - Bill Details

See Assembly Version of this Bill:
A10423
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3006, A10672

S2941 - Bill Texts

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Establishes a person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so he or she damages property that is public property.

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BILL NUMBER:S2941

TITLE OF BILL:

An act
to amend the penal law, in relation to criminal mischief in the second
degree

PURPOSE:

Establishes a person is guilty of criminal mischief in the second
degree when he or she damages property that is public property.

SUMMARY OF PROVISIONS:

Section 1. Section 145.10 of the penal law, as amended by chapter 961
of the laws of 1971, is amended to include;
criminal mischief in the second degree. A person is guilty of criminal
mischief in the second 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, damages
property that is public property. Public property includes property
owned, operated or controlled by any governmental agency, including,
but not limited to, parks, playgrounds, parking lots, schools,
libraries, post offices, municipal transit facilities and other
public buildings.
Criminal mischief in the second degree is a class D felony.
Section 2. This act shall take effect on the ninetieth day after it
shall have become a law.

JUSTIFICATION:
Damaging public property is becoming an increasingly large problem in
all areas of the State. Last year the MTA installed new shelters at
bus stops across Staten Island with the intent to keep commuters dry
and provide shelter and shade, A recent incident of vandalism
occurred in Staten Island at a bus stop frequently used by both
senior citizens as well as students attending public school, where
the shelters glass walls were completely broken and shards of glass
were strewn across the sidewalk, benches and street. This form of
vandalism not only poses a danger to individuals waiting for the bus,
but costs significant money to repair. Establishing a class D felony
for damaging public property is a simple and effective way to deter
future instances from occurring.

LEGISLATIVE HISTORY:
2010: S.3006 - Referred to Codes/A.10672 - Referred to Codes
2009: S.3006 - Referred to Codes/A.10672 - Referred to Codes
2008: S.8352 - Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

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

                                  2941

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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
  second degree

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

  Section 1. Section 145.10 of the penal law, as amended by chapter  961
of the laws of 1971, is amended to read as follows:
S 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second 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 PROPERTY THAT IS PUBLIC PROPERTY. FOR THE PURPOSES OF THIS
SUBDIVISION,  "PUBLIC  PROPERTY"  MEANS  PROPERTY  OWNED,  OPERATED   OR
CONTROLLED  BY  ANY  GOVERNMENTAL  AGENCY INCLUDING, BUT NOT LIMITED TO,
PARKS, PLAYGROUNDS, PARKING  LOTS,  SCHOOLS,  LIBRARIES,  POST  OFFICES,
MUNICIPAL TRANSIT FACILITIES AND OTHER PUBLIC BUILDINGS; OR
  2. damages property of another person in an amount exceeding one thou-
sand five hundred dollars.
  Criminal mischief in the second degree is a class D felony.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04497-01-1

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