BILL NUMBER:S4390

TITLE OF BILL:  An act to amend the penal law, in relation to
intentional damage to an authorized emergency vehicle

PURPOSE:  To include purposefully damaging an authorized emergency
response vehicle within the definition of Criminal Mischief in the
third degree, a class "E" felony

SUMMARY OF PROVISIONS:

Section one adds a new subdivision 3 to Penal Law section 145 05 to
provide that the crime of Criminal Mischief in the third degree, a
class "E" felony, is committed when an individual intentionally causes
any damage to any authorized emergency vehicle.

Section two provides that this act shall take effect on the ninetieth
day after it shall have become law.

EXISTING LAW:  Under current law, a person who intentionally damages
an authorized emergency vehicle would be charged with the offense of
criminal mischief in the fourth degree, a class "A" misdemeanor if the
damage did not exceed $250.

JUSTIFICATION:  This bill is intended to expand the offense of
criminal mischief in the third degree so that individuals who
              

intentionally damage authorized emergency vehicles may be charged with
a felony instead of a misdemeanor. Individuals with blatant disregard
of the law often vandalize police and other emergency vehicles by
slashing the vehicle's tires or breaking its windows. If this type of
damage does not exceed the monetary threshold amount of $250, a felony
cannot be charged, even though the harm to the public that results
from a disabled emergency response vehicle can be far greater.

Currently, an individual is guilty of criminal mischief in the fourth
degree, a Class "A" misdemeanor, if he or she intentionally causes
property damage that does not exceed $250 in value. Therefore, the
damage caused by an individual who flattens the tires or smashes the
window of an authorized emergency vehicle, such as a patrol car, does
not exceed $250, he or she may be charged with only a class "A"
misdemeanor. When the potential consequences of impeding an emergency
response are considered to be damages, the cost of intentional damage
to an authorized emergency vehicle can easily exceed $250
Additionally, this type of obstruction to emergency response vehicle
potentially creates a great risk to public safety,

LEGISLATIVE HISTORY:  2012: S. 2209 - Referred to Codes 2011: S. 2209
- Passed Senate 2009-10: S.2119 - Referred to Codes 2007-8: S.4270 -
Passed Senate both years 2006: S.7838 - Passed Senate

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
it shall have become law.