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Senate Bill S3239

2023-2024 Legislative Session

Relates to criminal mischief in the third degree and criminal mischief in the second degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S3239 (ACTIVE) - Details

See Assembly Version of this Bill:
A1388
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§145.05 & 145.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4636
2011-2012: S4641
2013-2014: S563
2015-2016: S562, A7283
2017-2018: S4421, A3253
2019-2020: S4321, A745
2021-2022: S2888, A2266
2025-2026: S5023

2023-S3239 (ACTIVE) - Summary

Relates to criminal mischief in the third degree and criminal mischief in the second degree.

2023-S3239 (ACTIVE) - Sponsor Memo

2023-S3239 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3239
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. SEPULVEDA, RIVERA, SALAZAR -- 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 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
 so nor any reasonable ground to believe  that  he  has  such  right,  he
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03887-01-3

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