senate Bill S563

2013-2014 Legislative Session

Relates to criminal mischief in the third degree

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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

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 13, 2013 referred to codes
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1302
committee discharged and committed to rules
Jan 09, 2013 referred to codes

Votes

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Jun 17, 2013 - Rules committee Vote

S563
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S563
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S563 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4641
2009-2010: S4636

S563 - Bill Texts

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Relates to criminal mischief in the third degree.

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BILL NUMBER:S563

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal mischief in the third
degree

PURPOSE:
To raise the monetary damages required for criminal mischief
in the third degree.

SUMMARY OF PROVISIONS:
Section 1 raises the minimum amount of property damage for criminal
mischief in the third degree from $250 to $1000.

Section 2 establishes an effective date.

JUSTIFICATION:
Historically, the monetary damage thresholds for criminal larceny
were linked. The threshold for larceny was raised to account for
inflation, but the criminal mischief statute was never amended
accordingly. Under current New York law, damaging property in excess
of $250 is a felony, while actually stealing the same property is
only a misdemeanor. This bill would correct this inequality by
adjusting the threshold for criminal mischief in the third degree to
the same level as grand larceny.

LEGISLATIVE HISTORY:
2011-2012: S.4641/A.4328
2009-2010: A.5012

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the first of November next succeeding the date on
which it shall have become a law.

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

                                   563

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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
  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.
                                                           LBD04624-01-3

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