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Assembly Bill A4328

2011-2012 Legislative Session

Relates to criminal mischief in the third degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-A4328 (ACTIVE) - Details

See Senate Version of this Bill:
S4641
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5012, S4636
2013-2014: S563
2015-2016: S562
2017-2018: S4421
2019-2020: S4321
2021-2022: S2888
2023-2024: S3239
2025-2026: S5023

2011-A4328 (ACTIVE) - Summary

Relates to criminal mischief in the third degree.

2011-A4328 (ACTIVE) - Bill Text download pdf 

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

                                  4328

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. MAGNARELLI, SCHIMMINGER, ABBATE, REILLY, HOOPER
  -- Multi-Sponsored by -- M. of A. COOK, GOTTFRIED, MAYERSOHN, PHEFFER,
  RUSSELL, WEISENBERG, ZEBROWSKI  --  read  once  and  referred  to  the
  Committee on Codes

AN  ACT  to amend the penal law, in relation to 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] ONE THOUSAND dollars.
  Criminal mischief in the third degree is a class E 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
                      [ ] is old law to be omitted.
                                                           LBD03270-01-1

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