|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S654
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S654 - Details
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
BILL NUMBER:S654 TITLE OF BILL: An act to amend the penal law, in relation to criminal mischief in certain cases PURPOSE OR GENERAL IDEA OF BILL: Expands the scope of the crime of criminal mischief to include cases wherein a person intentionally damages property of another with the intent to harass, annoy, or alarm, in order to address cases of domestic violence that include property damage. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the Penal Law sections 145.00, 145.05, and 145.10, to add an element to each count of criminal mischief to cover a situation where a person, with intent to harass, annoy, or alarm another person, intentionally damages property in which the other person has a possessory or proprietary interest, which property may include marital property. Section 2 of the bill amends the Criminal Procedure Law to add criminal mischief to the list of family offenses. Section 3 of the bill amends the Family Court Act to add criminal mischief to the list of family offenses.
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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