Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 21, 2009 |
referred to codes |
Senate Bill S865
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
2009-S865 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง145.05, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2456
2009-S865 (ACTIVE) - Summary
Provides that certain politically motivated activity shall constitute the crime of criminal mischief in the third degree when a person with intent to damage another's property and has no right to do so, damages property exceeding a value of two hundred fifty dollars and intends to commit politically motivated activity or acts on behalf of any association, organization or entity with the purpose of supporting politically motivated activity to obstruct, impeded or deter persons from participating in lawful animal activity.
2009-S865 (ACTIVE) - Sponsor Memo
BILL NUMBER: S865 TITLE OF BILL : An act to amend the penal law, in relation to criminal mischief in the third degree PURPOSE : Includes politically motivated damages to property of another person as criminal mischief in the third degree. SUMMARY OF PROVISIONS : Expands the crime of criminal mischief in the third degree to include damages to property of another person that exceed two hundred fifty dollars if the intent to commit the activity is politically motivated or if the damage is on behalf of any entity with the purpose of intimidation for political reasons. JUSTIFICATION : Increasingly, individuals and groups are turning to property damage and vandalism to express their political views or influence others' actions. Besides instilling fear in individuals, these actions can inhibit or slow businesses from conducting lawful activity. Just because someone holds political beliefs that oppose the actions of another, does not mean they can terrorize people to have their message heard. This bill seeks to expand criminal mischief in the third degree
2009-S865 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 865 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. MARCELLINO -- 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 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 PROPERTY OF ANOTHER PERSON IN AN AMOUNT EXCEEDING TWO HUNDRED FIFTY DOLLARS AND: (A) HIS OR HER INTENT TO COMMIT THE ACTIVITY WAS POLITICALLY MOTIVATED; OR (B) HE OR SHE ACTED ON BEHALF OR AT THE REQUEST OF OR THE BENEFIT OF ANY ASSOCIATION, ORGANIZATION, ENTITY, COALITION, OR COMBINATION OF TWO OR MORE PERSONS WITH THE PRIMARY OR INCIDENTAL PURPOSE OF SUPPORTING ANY POLITICALLY MOTIVATED ACTIVITY THROUGH INTIMIDATION, COERCION, FEAR, OR OTHER MEANS THAT IS INTENDED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06329-01-9
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