S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10965
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the  offenses
   of destruction of police property in the fourth degree, destruction of
   police property in the third degree, destruction of police property in
   the  second  degree  and  destruction  of police property in the first
   degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding 4 new sections 145.16,
 145.17, 145.18 and 145.19 to read as follows:
 § 145.16 DESTRUCTION OF POLICE PROPERTY IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF DESTRUCTION OF POLICE  PROPERTY  IN  THE  FOURTH
 DEGREE  WHEN,  HAVING  NO  RIGHT  TO  DO SO NOR ANY REASONABLE GROUND TO
 BELIEVE THAT HE OR SHE HAS SUCH RIGHT, HE OR SHE:
   1. INTENTIONALLY DAMAGES POLICE PROPERTY; OR
   2. RECKLESSLY DAMAGES POLICE  PROPERTY  IN  AN  AMOUNT  EXCEEDING  TWO
 HUNDRED FIFTY DOLLARS; OR
   3. WITH INTENT TO PREVENT A POLICE OFFICER OR SHERIFF FROM COMMUNICAT-
 ING  A  REQUEST  FOR  EMERGENCY  ASSISTANCE,  INTENTIONALLY  DISABLES OR
 REMOVES TELEPHONIC, TTY OR SIMILAR COMMUNICATION SENDING EQUIPMENT WHILE
 SUCH OFFICER:
   (A) IS ATTEMPTING TO SEEK OR IS ENGAGED  IN  THE  PROCESS  OF  SEEKING
 EMERGENCY  ASSISTANCE  FROM  POLICE,  LAW ENFORCEMENT, FIRE OR EMERGENCY
 MEDICAL SERVICES PERSONNEL; OR
   (B) IS ATTEMPTING TO SEEK OR IS ENGAGED  IN  THE  PROCESS  OF  SEEKING
 EMERGENCY  ASSISTANCE  FROM ANOTHER PERSON OR ENTITY IN ORDER TO PROTECT
 HIMSELF, HERSELF OR A THIRD PERSON FROM IMMINENT  PHYSICAL  INJURY.  THE
 FACT  THAT  THE  DEFENDANT  HAS  AN OWNERSHIP INTEREST IN SUCH EQUIPMENT
 SHALL NOT BE A DEFENSE TO A CHARGE PURSUANT TO THIS SUBDIVISION.
   DESTRUCTION OF POLICE PROPERTY IN THE FOURTH DEGREE IS A CLASS E FELO-
 NY.
 § 145.17 DESTRUCTION OF POLICE PROPERTY IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF DESTRUCTION OF  POLICE  PROPERTY  IN  THE  THIRD
 DEGREE  WHEN, WITH INTENT TO DAMAGE POLICE PROPERTY, AND HAVING NO RIGHT
 TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR  SHE  HAS  SUCH
              

 RIGHT, HE OR SHE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17058-01-0

 A. 10965                            2
 
   1.  (A) DAMAGES A MOTOR VEHICLE BELONGING TO THE DIVISION OF THE STATE
 POLICE, A POLICE DEPARTMENT OR A SHERIFF'S OFFICE, BY BREAKING INTO SUCH
 VEHICLE WHEN IT IS LOCKED WITH THE INTENT OF STEALING PROPERTY; AND
   (B)  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:
   (I)  CRIMINAL  MISCHIEF  IN  THE  FOURTH  DEGREE AS DEFINED IN SECTION
 145.00, CRIMINAL MISCHIEF IN THE THIRD  DEGREE  AS  DEFINED  IN  SECTION
 145.05,  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
   (II) DESTRUCTION OF POLICE PROPERTY IN THE FOURTH DEGREE AS DEFINED IN
 SECTION  145.16,  DESTRUCTION  OF POLICE PROPERTY IN THE THIRD DEGREE AS
 DEFINED IN THIS SECTION, DESTRUCTION OF POLICE PROPERTY  IN  THE  SECOND
 DEGREE  AS  DEFINED IN SECTION 145.18, OR DESTRUCTION OF POLICE PROPERTY
 IN THE FIRST DEGREE AS DEFINED IN SECTION 145.19 OF THIS ARTICLE; OR
   2. DAMAGES POLICE PROPERTY IN AN AMOUNT EXCEEDING  TWO  HUNDRED  FIFTY
 DOLLARS.
   DESTRUCTION  OF POLICE PROPERTY IN THE THIRD DEGREE IS A CLASS D FELO-
 NY.
 § 145.18 DESTRUCTION OF POLICE PROPERTY IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DESTRUCTION OF POLICE  PROPERTY  IN  THE  SECOND
 DEGREE  WHEN  WITH INTENT TO DAMAGE POLICE PROPERTY, AND HAVING NO RIGHT
 TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR  SHE  HAS  SUCH
 RIGHT,  HE  OR  SHE  DAMAGES  POLICE PROPERTY IN AN AMOUNT EXCEEDING ONE
 THOUSAND FIVE HUNDRED DOLLARS.
   DESTRUCTION OF POLICE PROPERTY IN THE SECOND DEGREE IS A CLASS C FELO-
 NY.
 § 145.19 DESTRUCTION OF POLICE PROPERTY IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DESTRUCTION OF  POLICE  PROPERTY  IN  THE  FIRST
 DEGREE  WHEN  WITH INTENT TO DAMAGE POLICE PROPERTY, AND HAVING NO RIGHT
 TO DO SO NOR ANY REASONABLE GROUND TO BELIEVE THAT HE OR  SHE  HAS  SUCH
 RIGHT, HE OR SHE DAMAGES POLICE PROPERTY BY MEANS OF AN EXPLOSIVE.
   DESTRUCTION  OF POLICE PROPERTY IN THE FIRST DEGREE IS A CLASS A FELO-
 NY.
   § 2. Section 145.13 of the penal law, as amended by chapter 45 of  the
 laws of 2009, is amended to read as follows:
 § 145.13 Definitions.
   (1)  For the purposes of sections 145.00, 145.05, 145.10 and 145.12 of
 this article:
   "Property of another" shall include  all  property  in  which  another
 person  has  an  ownership interest, whether or not a person who damages
 such property, or any other person, may also have an  interest  in  such
 property.
   2.  FOR  THE PURPOSES OF SECTIONS 145.16, 145.17, 145.18 AND 145.19 OF
 THIS ARTICLE:
   "POLICE PROPERTY" SHALL INCLUDE ALL PROPERTY IN WHICH:
   (A) THE DIVISION OF THE STATE POLICE, A POLICE DEPARTMENT OR  A  SHER-
 IFF'S OFFICE HAS AN OWNERSHIP INTEREST; OR
   (B)  A MUNICIPALITY HAS AN OWNERSHIP INTEREST AND WHICH IS PROVIDED TO
 A POLICE DEPARTMENT OR SHERIFF'S OFFICE FOR USE BY  SUCH  DEPARTMENT  OR
 OFFICE.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.