senate Bill S654

2013-2014 Legislative Session

Expands scope of criminal mischief to include cases wherein a person intentionally damages property of another with intent to harass, annoy, or alarm

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Sponsored By

Archive: Last Bill Status - In Senate 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S654 - Details

Law Section:
Penal Law
Laws Affected:
Amd ยงยง145.00, 145.05 & 145.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1666
2009-2010: S124

S654 - Summary

Expands scope of criminal mischief to include cases wherein a person intentionally damages property of another with intent to harass, annoy, or alarm; permits offenders to be prosecuted notwithstanding their own partial interest in the property; includes second through four degrees of criminal mischief within the scope of "family offenses."

S654 - Sponsor Memo

S654 - Bill Text download pdf

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

                                   654

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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
  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]:
  1.  HAVING no right to do so nor any reasonable ground to believe that
he or she has such right, he or she:
  [1.] (A) Intentionally damages property of another person; or
  [2.] (B) 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.]  (C)  Recklessly  damages property of another person in an amount
exceeding two hundred fifty dollars; or
  [4.] (D) 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)]
(I)  is attempting to seek or is engaged in the process of seeking emer-
gency assistance from police, law enforcement, fire or emergency medical
services personnel; or [(b)] (II) is attempting to seek or is engaged in
the process of seeking emergency assistance from another person or enti-
ty in order to protect himself, herself or a third person from  imminent

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

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