NY State Senate Bill 2025-S870

Senate Bill S870

2025-2026 Legislative Session

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

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to codes

2025-S870 (ACTIVE) - Details

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
2011-2012: S970
2013-2014: S3356
2015-2016: S2191
2017-2018: S4026
2019-2020: S2560
2021-2022: S3355
2023-2024: S1237

2025-S870 (ACTIVE) - Summary

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

2025-S870 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S870

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 one 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 two 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 three of the bill amends subdivision 6 of section 352-c of the
general business law to raise the monetary threshold from $250 to
$1,000.

 
JUSTIFICATION:

Current monetary thresholds for criminal mischief in the second and
third degrees 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, crim-
inal possession of stolen property and insurance fraud. Accordingly,
this measure attempts to adjust for inflation.  Present monetary thresh-
olds are unrealistically low and unduly strain police resources. While
felony arrests for low-level thefts are routinely reduced to misdemea-
nors by prosecutors and judges, the police must adhere to the law as it
is written, which results in a 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 subdi-
vision 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:

2021-22: Referred to Codes

2023-24: Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately, with provisions.

2025-S870 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    870
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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]  THEY  HAVE  such
 right,  [he damages] THEY DAMAGE 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.

                                                            LBD02119-01-5
 S. 870                              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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