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

                                  2685

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M. of A. PRETLOW, GALEF, HOOPER, COLTON, COOK, WEINSTEIN
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, the criminal procedure law and the family
  court act, in relation to criminal mischief in certain cases

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

  Section  1.  Sections  145.00,  145.05,  and  145.10 of the penal law,
section 145.00 as amended by chapter 69 of the  laws  of  2008,  section
145.05  as amended by chapter 276 of the laws of 2003 and section 145.10
as amended by chapter 961 of the laws of 1971, are amended  to  read  as
follows:
S 145.00 Criminal mischief in the fourth degree.
  A  person  is  guilty  of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he or
she has such right, he or she:
  1. Intentionally damages property of another person; or
  2. Intentionally participates  in  the  destruction  of  an  abandoned
building  as  defined in section one thousand nine hundred seventy-one-a
of the real property actions and proceedings law; or
  3. Recklessly damages property of another person in an amount  exceed-
ing two hundred fifty dollars; or
  4.  With  intent  to prevent a person from communicating a request for
emergency assistance, intentionally disables or removes telephonic,  TTY
or  similar  communication  sending  equipment while that person: (a) is
attempting to seek or is engaged in the  process  of  seeking  emergency
assistance  from  police,  law  enforcement,  fire  or emergency medical
services personnel; or (b) is attempting to seek or is  engaged  in  the
process of seeking emergency assistance from another person or entity in
order  to protect himself, herself or a third person from imminent phys-
ical injury. The fact that the defendant has an  ownership  interest  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03042-01-1

              

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such  equipment  shall  not  be  a  defense to a charge pursuant to this
subdivision.
  5.  HAVING  NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
ALARM ANOTHER PERSON, HE OR SHE INTENTIONALLY DAMAGES MARITAL  PROPERTY,
AS  DEFINED  IN  PARAGRAPH C OF SUBDIVISION ONE OF PART B OF SECTION TWO
HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN  WHICH  THAT  OTHER
PERSON AND THE ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
  Criminal mischief in the fourth degree is a class A misdemeanor.
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. WITH THE INTENT TO HARASS,  ANNOY,  OR  ALARM  ANOTHER  PERSON,  HE
INTENTIONALLY  DAMAGES  MARITAL  PROPERTY,  AS DEFINED IN PARAGRAPH C OF
SUBDIVISION ONE OF PART B OF  SECTION  TWO  HUNDRED  THIRTY-SIX  OF  THE
DOMESTIC  RELATIONS  LAW,  IN  AN  AMOUNT  EXCEEDING  TWO  HUNDRED FIFTY
DOLLARS, IN WHICH THAT OTHER PERSON AND THE ACTOR SHARE A POSSESSORY  OR
PROPRIETARY INTEREST.
  Criminal mischief in the third degree is a class E felony.
S 145.10 Criminal mischief in the second degree.
  A  person  is  guilty  of  criminal mischief in the second degree when
[with]:
  1. WITH intent to damage property of another  person,  and  having  no
right  to  do  so  nor any reasonable ground to believe that he has such
right, he damages property of another person in an amount exceeding  one
thousand five hundred dollars[.]; OR
  2.  HAVING  NO RIGHT TO DO SO AND WITH THE INTENT TO HARASS, ANNOY, OR
ALARM ANOTHER PERSON, HE  INTENTIONALLY  DAMAGES  MARITAL  PROPERTY,  AS
DEFINED  IN  PARAGRAPH  C  OF  SUBDIVISION  ONE OF PART B OF SECTION TWO
HUNDRED THIRTY-SIX OF THE DOMESTIC RELATIONS LAW, IN AN AMOUNT EXCEEDING
ONE THOUSAND FIVE HUNDRED DOLLARS, IN WHICH THAT OTHER  PERSON  AND  THE
ACTOR SHARE A POSSESSORY OR PROPRIETARY INTEREST.
  Criminal mischief in the second degree is a class D felony.
  S  2.  The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 405 of the laws  of  2010,
is amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly  conduct,  CRIMINAL  MISCHIEF  IN THE SECOND DEGREE, CRIMINAL
MISCHIEF IN THE THIRD DEGREE, CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE,
harassment  in the first degree, harassment in the second degree, aggra-
vated harassment in  the  second  degree,  sexual  misconduct,  forcible
touching,  sexual  abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60  of  the  penal

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law, stalking in the first degree, stalking in the second degree, stalk-
ing  in  the  third  degree,  stalking  in  the  fourth degree, criminal
mischief, menacing in the second degree, menacing in the  third  degree,
reckless  endangerment, strangulation in the first degree, strangulation
in the second degree, criminal obstruction of breathing or blood  circu-
lation,  assault in the second degree, assault in the third degree or an
attempted assault between spouses or former spouses, or  between  parent
and child or between members of the same family or household except that
if  the  respondent would not be criminally responsible by reason of age
pursuant to section 30.00 of the penal law, then the family court  shall
have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
complainant's election to proceed in family court,  the  criminal  court
shall  not be divested of jurisdiction to hear a family offense proceed-
ing pursuant to this section. For purposes of this section,  "disorderly
conduct" includes disorderly conduct not in a public place. For purposes
of  this section, "members of the same family or household" with respect
to a proceeding in the criminal courts shall mean the following:
  S 3. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, CRIMINAL MISCHIEF IN  THE  SECOND  DEGREE,  CRIMINAL
MISCHIEF  IN  THE  THIRD DEGREE, CRIMINAL MISCHIEF IN THE FOURTH DEGREE,
harassment in the first degree, harassment in the second degree,  aggra-
vated  harassment  in  the  second  degree,  sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in  the  second
degree  as  set  forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the  third  degree,  stalking  in  the  fourth  degree,  criminal
mischief,  menacing  in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in  the  first
degree,  assault in the second degree, assault in the third degree or an
attempted assault, criminal obstruction of  breathing  or  blood  circu-
lation  or  strangulation  between spouses or former spouses, or between
parent and child or between members of  the  same  family  or  household
except  that  if  the  respondent would not be criminally responsible by
reason of age pursuant to section 30.00 of the penal law, then the fami-
ly  court  shall  have  exclusive  jurisdiction  over  such  proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal  court  shall  not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. In any proceeding  pursuant
to  this  article,  a  court  shall  not deny an order of protection, or
dismiss a petition, solely on the basis that the acts or events  alleged
are  not  relatively  contemporaneous with the date of the petition, the
conclusion of the fact-finding or the conclusion  of  the  dispositional
hearing.  For  purposes  of  this article, "disorderly conduct" includes
disorderly conduct not in a public place. For purposes of this  article,
"members of the same family or household" shall mean the following:
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.