S T A T E   O F   N E W   Y O R K
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                                 7283--A
                                                        Cal. No. 674

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2015
                               ___________

Introduced  by  M.  of  A.  AUBRY,  LINARES, GOTTFRIED, ZEBROWSKI, COOK,
  ARROYO, WALKER, HOOPER, PICHARDO, RICHARDSON, SCHIMEL,  PALUMBO,  GRAF
  --  Multi-Sponsored  by  --  M.  of A. BLAKE, GLICK, McDONOUGH, PERRY,
  SIMON -- read once and referred to the Committee on Codes -- recommit-
  ted to the Committee on Codes in accordance with Assembly Rule 3, sec.
  2 -- reported from committee, advanced to a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the penal law, in relation to criminal mischief  in  the
  third degree and criminal mischief in the second 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01085-03-6
              

A. 7283--A                          2

  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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.