Assembly Bill A5197

2011-2012 Legislative Session

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree

download bill text pdf

Sponsored By

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

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2011-A5197 (ACTIVE) - Details

See Senate Version of this Bill:
S2209
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง145.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10204, S2119
2013-2014: A5846, S4390
2015-2016: A8254, S802
2017-2018: A9771, S227

2011-A5197 (ACTIVE) - Summary

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree.

2011-A5197 (ACTIVE) - Bill Text download pdf 

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

                                  5197

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced by M. of A. AMEDORE, FINCH, MONTESANO, M. MILLER, WEISENBERG,
  CROUCH,  SPANO,  McKEVITT, TOBACCO, KATZ, CALHOUN, BURLING, McDONOUGH,
  REILICH, SALADINO, MURRAY -- Multi-Sponsored by -- M. of  A.  BARCLAY,
  CASTRO,  CORWIN,  JOHNS, JORDAN, MOLINARO -- 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.

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