BILL NUMBER:S802

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 offense 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. If the damage exceeded $250, the charged offense
would be criminal mischief in the third degree.

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 this type of obstruction to an authorized
emergency vehicle potentially creates a great risk to public safety.

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, when
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 even though the vehicle will have to be removed from
service to undergo repairs. When these vehicles are removed from
service, the ability of first responders to respond to emergencies is
hampered and could lead to the loss of property or life.

LEGISLATIVE HISTORY:

2014: S.4390 - Referred to Codes
2013: S.4390 - Passed the Senate
2012: S.2209 - Referred to Codes


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

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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