S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2266
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. AUBRY, RICHARDSON, ZEBROWSKI, EPSTEIN -- Multi-
   Sponsored by -- M. of A. TAYLOR --  read  once  and  referred  to  the
   Committee on Codes
 
 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:
 § 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.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 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

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

                                                            LBD00360-01-1

 A. 2266                             2
 
 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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.