S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3989
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08824-01-1
              

 A. 3989                             2
 
   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:
   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

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   (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.