NY State Senate Bill 2019-S2560

Senate Bill S2560

2019-2020 Legislative Session

Raises the monetary value of damaged property that is considered criminal mischief or securities fraud

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 28, 2019	referred to codes

2019-S2560 (ACTIVE) - Details

See Assembly Version of this Bill:: A6951
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§145.05 & 145.10, Pen L; amd §352-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4688, A8195
2011-2012: S970, A1716
2013-2014: S3356, A4482
2015-2016: S2191, A2960
2017-2018: S4026, A3595
2021-2022: S3355
2023-2024: S1237
2025-2026: S870

2019-S2560 (ACTIVE) - Summary

Raises the monetary value of damaged property that is considered criminal mischief or securities fraud.

2019-S2560 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2560

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the penal law and the general business
law, in relation to criminal mischief and securities fraud

 
PURPOSE OR GENERAL IDEA OF BILL:

To raise the existing monetary thresholds for Felony-Level Criminal
Mischief and Securities Fraud.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 2 of section 145.05 of the
Penal Law to raise the monetary property damage threshold from ($250) to
$1,000.

Section 2 of the bill amends section 145.10 of the Penal. Law to raise
the monetary property damage threshold from ($1,500) to $3,000.

Section 3 of the bill amends subdivision 6 of section 352-c of the

general business to raise the monetary threshold from ($250) to $1,000.

 
JUSTIFICATION:

Current monetary thresholds for criminal mischief in the second and
third degrees (Penal ,Law sections 145.05 (2) and 145.10, respectively)
are too low and should be raised to conform to the higher thresholds
established by the Legislature in 1986 for comparable theft and stolen
property-related felony offenses such as grand larceny, criminal
Possession of stolen property and insurance fraud.

Accordingly, this measure adjusts for inflation to reflect the realities
of the monetary world of 2009. Present monetary thresholds are unrealis-
tically low and unduly strain police resources. While felony arrests for
low-level thefts are routinely reduced to misdemeanors by prosecutors
and judges, the police must adhere to the rewires substantial allocation
of resources and reduces the number of police officers available for
patrol. In addition, this measure would correct a related anomaly in the
law amending subdivision six of the General Business Law section 352-c
to raise to $1,000 the current $250 threshold for the class E felony
securities fraud offense.

 
PRIOR LEGISLATIVE HISTORY:

2015-16:S.2191/A.2960(Lentol)- Referred to Codes
2017-13:S.4026/A.3595(Lento1)- Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2560 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2560
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law and the general business law, in  relation
   to criminal mischief and securities fraud
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  145.05  of  the  penal  law,  as
 amended  by  chapter  276  of  the  laws  of 2003, is amended to read as
 follows:
   2. damages property of another person  in  an  amount  exceeding  [two
 hundred fifty] ONE THOUSAND dollars.
   § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.10 Criminal mischief in the second degree.
   A person is guilty of criminal mischief in the second 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  has  such  right,  he
 damages  property  of  another person in an amount exceeding [one] THREE
 thousand [five hundred] dollars.
   Criminal mischief in the second degree is a class D felony.
   § 3. Subdivision 6 of section 352-c of the general  business  law,  as
 added by chapter 146 of the laws of 1982, is amended to read as follows:
   6.  Any  person,  partnership,  corporation, company, trust or associ-
 ation, or any agent or employee thereof  who  intentionally  engages  in
 fraud, deception, concealment, suppression, false pretense or fictitious
 or pretended purchase or sale, or who makes any material false represen-
 tation  or statement with intent to deceive or defraud, while engaged in
 inducing or promoting the issuance, distribution, exchange, sale,  nego-
 tiation  or  purchase  within  or  from  this state of any securities or
 commodities, as defined in this article, and thereby wrongfully  obtains

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05481-01-9

 S. 2560                             2
 
 property  of  a  value  in  excess  of  [two hundred fifty] ONE THOUSAND
 dollars, shall be guilty of a class E felony.
   §  4.  This  act  shall  take  effect  immediately  and shall apply to
 offenses committed on or after such  effective  date,  and  to  offenses
 committed  prior  to  such  effective date where the criminal proceeding
 arising out of the commission of such offense is pending on  the  effec-
 tive date of this act.

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