senate Bill S3356

2013-2014 Legislative Session

Raises the monetary value of damaged property that is considered criminal mischief or securities fraud

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Feb 01, 2013 referred to codes

Co-Sponsors

S3356 - Bill Details

See Assembly Version of this Bill:
A4482
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§145.05 & 145.10, Pen L; amd §352-c, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S970, A1716
2009-2010: S4688, A8195

S3356 - Bill Texts

view summary

Raises the monetary value of damaged property that is considered criminal mischief or securities fraud.

view sponsor memo
BILL NUMBER:S3356

TITLE OF BILL: An act to amend the penal law and the general business
law, in relation to criminal mischief and securities fraud

PURPOSE OR GENERAL IDEA OF BILL: To raise the existing monetary thresh-
olds for Felony-Level Criminal Mischief and Securities Fraud.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 145.05 of the
Penal Law to raise the monetary property damage threshold from ($250) to
$1,000.

Section 2 of the bill amends section 145.10 of the Penal Law to raise
the monetary property damage threshold from ($1,500) to $3,000. Section
3 of the bill amends subdivision 6 of section 352-c of the general busi-
ness to raise the monetary threshold from ($250) to $1,000.

JUSTIFICATION: Current monetary thresholds for criminal mischief in the
second and third degrees (Penal Law sections 145.05 (2) and 145.10,
respectively) are too low and should be raised to conform to the higher
thresholds established by the Legislature in 1986 for comparable theft
and stolen property-related felony offenses such as grand larceny, crim-
inal Possession of stolen property and insurance fraud.

Accordingly, this measure adjusts for inflation to reflect the realities
of the monetary world of 2009. Present monetary thresholds are unrealis-
tically low and unduly strain police resources. While felony arrests for
low-level thefts are routinely reduced to misdemeanors by prosecutors
and judges, the police must adhere to the law and process a three
hundred dollar theft as a felony. This rewires substantial allocation of
resources and reduces the number of police officers available for
patrol. In addition, this measure would correct a related anomaly in the
law amending subdivision six of the General Business Law section 352-c
to raise to $1,000 the current $250 threshold for the class E felony
securities fraud offense.

PRIOR LEGISLATIVE HISTORY: Senate 2009-10: S.4688 - Passed Senate

Assembly 2009-10: A.8195 (Lentol) - Referred to Codes

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3356

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON, DIAZ, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT to amend the penal law and the general business law, in relation
  to criminal mischief and securities fraud

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

  Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
amended by chapter 276 of the laws  of  2003,  is  amended  to  read  as
follows:
  2.  damages  property  of  another  person in an amount exceeding [two
hundred fifty] ONE THOUSAND dollars.
  S 2. 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 has such right, he
damages property of another person in an amount  exceeding  [one]  THREE
thousand [five hundred] dollars.
  Criminal mischief in the second degree is a class D felony.
  S  3.  Subdivision  6 of section 352-c of the general business law, as
added by chapter 146 of the laws of 1982, is amended to read as follows:
  6. Any person, partnership, corporation,  company,  trust  or  associ-
ation,  or  any  agent  or employee thereof who intentionally engages in
fraud, deception, concealment, suppression, false pretense or fictitious
or pretended purchase or sale, or who makes any material false represen-
tation or statement with intent to deceive or defraud, while engaged  in
inducing  or promoting the issuance, distribution, exchange, sale, nego-
tiation or purchase within or from  this  state  of  any  securities  or
commodities,  as defined in this article, and thereby wrongfully obtains

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04598-01-3

S. 3356                             2

property of a value in  excess  of  [two  hundred  fifty]  ONE  THOUSAND
dollars, shall be guilty of a class E felony.
  S  4.  This  act  shall  take  effect  immediately  and shall apply to
offenses committed on or after such  effective  date,  and  to  offenses
committed  prior  to  such  effective date where the criminal proceeding
arising out of the commission of such offense is pending on  the  effec-
tive date of this act.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.