STATE OF NEW YORK
________________________________________________________________________
2119
2009-2010 Regular Sessions
IN SENATE
February 11, 2009
___________
Introduced by Sens. GOLDEN, O. JOHNSON, LANZA, MORAHAN, PADAVAN -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the penal law, in relation to intentional damage to an
authorized emergency vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 145.05 of the penal law, as amended by chapter 276
2 of the laws of 2003, is amended to read as follows:
3 § 145.05 Criminal mischief in the third degree.
4 A person is guilty of criminal mischief in the third degree when, with
5 intent to damage property of another person, and having no right to do
6 so nor any reasonable ground to believe that he or she has such right,
7 he or she:
8 1. damages the motor vehicle of another person, by breaking into such
9 vehicle when it is locked with the intent of stealing property, and
10 within the previous ten year period, has been convicted three or more
11 times, in separate criminal transactions for which sentence was imposed
12 on separate occasions, of criminal mischief in the fourth degree as
13 defined in section 145.00, criminal mischief in the third degree as
14 defined in this section, criminal mischief in the second degree as
15 defined in section 145.10, or criminal mischief in the first degree as
16 defined in section 145.12 of this article; or
17 2. damages property of another person in an amount exceeding two
18 hundred fifty dollars; or
19 3. damages an authorized emergency vehicle as defined in section one
20 hundred one of the vehicle and traffic law.
21 Criminal mischief in the third degree is a class E felony.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07740-01-9
