Assembly Bill A1388

2023-2024 Legislative Session

Relates to criminal mischief in the third degree and criminal mischief in the second degree

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A1388 (ACTIVE) - Details

See Senate Version of this Bill:
S3239
Current Committee:
Assembly Rules
Law Section:
Penal Law
Laws Affected:
Amd §§145.05 & 145.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4636
2011-2012: S4641
2013-2014: S563
2015-2016: A7283, S562
2017-2018: A3253, S4421
2019-2020: A745, S4321
2021-2022: A2266, S2888

2023-A1388 (ACTIVE) - Summary

Relates to criminal mischief in the third degree and criminal mischief in the second degree.

2023-A1388 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1388
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. AUBRY, EPSTEIN, SAYEGH, ZEBROWSKI -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminal mischief  in  the
   third degree and criminal mischief in the second degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 145.05 of the penal law, as amended by chapter  276
 of the laws of 2003, is amended to read as follows:
 § 145.05 Criminal mischief in the third degree.
   A person is guilty of criminal mischief in the third 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 or she has  such  right,
 he or she:
   1.  damages the motor vehicle of another person, by breaking into such
 vehicle when it is locked with the  intent  of  stealing  property,  and
 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  criminal  mischief in the fourth degree as
 defined in section 145.00, criminal mischief  in  the  third  degree  as
 defined  in  this  section,  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
   2.  damages  property  of  another  person in an amount exceeding [two
 hundred fifty] ONE THOUSAND dollars.
   Criminal mischief in the third degree is a class E felony.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03887-01-3

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