Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 22, 2009 |
referred to codes |
Senate Bill S996
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-S996 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยงยง145.28 & 145.29, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2458
2009-S996 (ACTIVE) - Summary
Creates the crime of criminal destruction in the first and second degrees; a person is guilty of criminal destruction in the second degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes; a person is guilty of criminal destruction in the first degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes and the value of such farm product is greater than ten thousand dollars; criminal destruction in second degree is a class E felony and criminal destruction in the first degree is a class D felony.
2009-S996 (ACTIVE) - Sponsor Memo
BILL NUMBER: S996 TITLE OF BILL : An act to amend the penal law, in relation to criminal destruction PURPOSE : To specify that willful and knowing destruction of an experimental research crop is criminal destruction. SUMMARY OF PROVISIONS : Amends the Penal Law by adding two new sections on criminal destruction. A person is guilty of criminal destruction in the third degree when he or she willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency. If the value of such field crop product is greater than ten thousand dollars based on the market value of the crop prior to the damage or destruction, and production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop, then such person is guilty of criminal destruction in the second degree. Criminal destruction in the third degree is a class E felony and in the second degree is a class D felony.
2009-S996 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 996 2009-2010 Regular Sessions I N S E N A T E January 22, 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 destruction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 145.28 and 145.29 to read as follows: S 145.28 CRIMINAL DESTRUCTION IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE SECOND DEGREE WHEN HE OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT, AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS LAW, THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR RESEARCH PURPOSES IN THE CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH FACILITY OR A UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY. CRIMINAL DESTRUCTION IN THE SECOND DEGREE IS A CLASS E FELONY. S 145.29 CRIMINAL DESTRUCTION IN THE FIRST DEGREE. A PERSON IS GUILTY OF CRIMINAL DESTRUCTION IN THE FIRST DEGREE WHEN HE OR SHE WILLFULLY AND KNOWINGLY DAMAGES OR DESTROYS ANY FARM PRODUCT, AS DEFINED IN SECTION SEVENTY-ONE-Y OF THE AGRICULTURE AND MARKETS LAW, THAT IS GROWN FOR PERSONAL OR COMMERCIAL PURPOSES, OR FOR TESTING OR RESEARCH PURPOSES IN THE CONTEXT OF A PRODUCT DEVELOPMENT PROGRAM IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH FACILITY OR A UNIVERSITY OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY AND THE VALUE OF SUCH FARM PRODUCT IS GREATER THAN TEN THOUSAND DOLLARS. SUCH VALUE SHALL BE BASED ON THE MARKET VALUE OF THE FARM PRODUCT PRIOR TO THE DAMAGE OR DESTRUCTION, AND PRODUCTION, RESEARCH, TESTING, REPLACE- MENT, AND CROP DEVELOPMENT COSTS DIRECTLY RELATED TO THE FARM PRODUCT THAT HAS BEEN DAMAGED OR DESTROYED AS PART OF THE VALUE OF THE FARM PRODUCT. CRIMINAL DESTRUCTION IN THE FIRST DEGREE IS A CLASS D FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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