Senate Bill S1898

2009-2010 Legislative Session

Relates to damage to a motor vehicle as criminal mischief

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Sponsored By

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

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2009-S1898 (ACTIVE) - Details

See Assembly Version of this Bill:
A3822
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1038, A2897
2013-2014: A1484
2015-2016: A1291
2017-2018: A3701
2019-2020: A5157
2021-2022: A3577

2009-S1898 (ACTIVE) - Summary

Provides that damaging certain mechanisms such as locks, security devices, anti-theft and recovery devices consisting of an electronic homing device and dashboard items on a motor vehicle shall be criminal mischief in the third degree regardless of value.

2009-S1898 (ACTIVE) - Sponsor Memo

2009-S1898 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1898

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. KLEIN, ONORATO, PARKER, SAMPSON, SMITH -- 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 the crime of 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 CONSISTING OF ANY PART OF A
LOCK, ALARM OR SECURITY DEVICE, ANTI-THEFT AND RECOVERY DEVICE  CONSIST-
ING  OF  AN  ELECTRONIC  HOMING  DEVICE,  STEERING MECHANISM, DASHBOARD,
RADIO, AIRBAG, OR IGNITION SYSTEM OF A  MOTOR  VEHICLE,  AS  DEFINED  IN
SECTION ONE HUNDRED TWENTY-FIVE 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 first of January 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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