Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4636
2009-2010 Legislative Session
Sponsored By
(D, WF) 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-S4636 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5012
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง145.05, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4641, A4328
2013-2014: S563
2015-2016: S562
2017-2018: S4421
2019-2020: S4321
2021-2022: S2888
2023-2024: S3239
2009-S4636 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4636 TITLE OF BILL : An act to amend the penal law, in relation to criminal mischief in the third degree PURPOSE : To raise the monetary damages required for criminal mischief in the third degree. SUMMARY OF PROVISIONS : Section 1 raises the minimum amount of property damage for criminal mischief in the third degree from $250 to $1000. Section 2 establishes an effective date. JUSTIFICATION : Historically, the monetary damage thresholds for criminal larceny were linked. The threshold for larceny was raised to account for inflation, but the criminal mischief statute was never amended accordingly. Under current New York law, damaging property in excess of $250 is a felony, while actually stealing the same property is only a misdemeanor. This bill would correct this inequality by adjusting the threshold for criminal mischief in the third degree to the same level as grand larceny.
2009-S4636 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4636 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- 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] ONE THOUSAND dollars. Criminal mischief in the third degree is a class E 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 [ ] is old law to be omitted. LBD03993-01-9
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