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A03595 Summary:

BILL NOA03595
 
SAME ASSAME AS S04026
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSR
 
Amd 145.05 & 145.10, Pen L; amd 352-c, Gen Bus L
 
Raises the monetary value of damaged property that is considered criminal mischief or securities fraud.
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A03595 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3595
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred 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:

     1    Section  1.  Subdivision  2  of  section  145.05  of the penal law, as
     2  amended by chapter 276 of the laws  of  2003,  is  amended  to  read  as
     3  follows:
     4    2.  damages  property  of  another  person in an amount exceeding [two
     5  hundred fifty] one thousand dollars.
     6    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
     7  laws of 1971, is amended to read as follows:
     8  § 145.10 Criminal mischief in the second degree.
     9    A person is guilty of criminal mischief in the second degree when with
    10  intent to damage property of another person, and having no right  to  do
    11  so  nor  any  reasonable  ground  to  believe that he has such right, he
    12  damages property of another person in an amount  exceeding  [one]  three
    13  thousand [five hundred] dollars.
    14    Criminal mischief in the second degree is a class D felony.
    15    §  3.  Subdivision  6 of section 352-c of the general business law, as
    16  added by chapter 146 of the laws of 1982, is amended to read as follows:
    17    6. Any person, partnership, corporation,  company,  trust  or  associ-
    18  ation,  or  any  agent  or employee thereof who intentionally engages in
    19  fraud, deception, concealment, suppression, false pretense or fictitious
    20  or pretended purchase or sale, or who makes any material false represen-
    21  tation or statement with intent to deceive or defraud, while engaged  in
    22  inducing  or promoting the issuance, distribution, exchange, sale, nego-
    23  tiation or purchase within or from  this  state  of  any  securities  or
    24  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.
                                                                   LBD03817-01-7

        A. 3595                             2
 
     1  property of a value in  excess  of  [two  hundred  fifty]  one  thousand
     2  dollars, shall be guilty of a class E felony.
     3    §  4.  This  act  shall  take  effect  immediately  and shall apply to
     4  offenses committed on or after such  effective  date,  and  to  offenses
     5  committed  prior  to  such  effective date where the criminal proceeding
     6  arising out of the commission of such offense is pending on  the  effec-
     7  tive date of this act.
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