Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 18, 2010 |
held for consideration in codes |
Mar 11, 2010 |
referred to codes |
Assembly Bill A10204
2009-2010 Legislative Session
Sponsored By
AMEDORE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Michael Montesano
Gary Finch
Michael G. Miller
Ginny Fields
multi-Sponsors
James Bacalles
William A. Barclay
Nelson Castro
Jane Corwin
2009-A10204 (ACTIVE) - Details
2009-A10204 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10204 TITLE OF BILL: An act to amend the penal law, in relation to inten- tional damage to an authorized emergency vehicle PURPOSE: To include purposefully damaging an authorized emergency response vehicle within the definition of Criminal Mischief in the third degree, a class E felony. SUMMARY OF PROVISIONS: This proposal would add a new subdivision 3 to Penal Law § 145.05 to provide that the crime of Criminal Mischief in the third degree, a class E felony, is committed when an individual inten- tionally causes any damage to any authorized emergency vehicle. JUSTIFICATION: This bill is intended to expand Criminal Mischief in the third degree so that individuals who intentionally damage authorized emergency vehicles may be charged with a felony. Individuals with blatant disregard of the law often vandalize police and other emergency vehicles by slashing the vehicle's tires or breaking its windows. If this type of damage does not exceed the monetary threshold amount of $250, a felony cannot be charged, even though the harm to the public that results from a disabled emergency response vehicle can be far greater. Currently, an individual is guilty only of Criminal Mischief in the fourth degree, a Class A misdemeanor, if he or she intentionally causes
2009-A10204 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10204 I N A S S E M B L Y March 11, 2010 ___________ Introduced by M. of A. AMEDORE, MONTESANO, FINCH, M. MILLER, FIELDS, WEISENBERG, CROUCH, SPANO, McKEVITT, TOBACCO, CALHOUN, O'MARA, BURLING, TOWNSEND, McDONOUGH, REILICH -- Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, CASTRO, CORWIN, ERRIGO, MOLINARO, SKARTADOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to intentional damage to an authorized emergency vehicle 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 dollars; OR 3. DAMAGES AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW. Criminal mischief in the third degree is a class E felony. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07740-01-9
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