New York State Assembly

 
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A02266 Summary:

A02266 Actions:

A02266 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:04/19/2021AYE/NAY:20/2  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A02266 Floor Votes:

A02266 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2266
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M. of A. AUBRY, RICHARDSON, ZEBROWSKI, EPSTEIN -- Multi-
          Sponsored by -- M. of A. TAYLOR --  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:
 
     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] one thousand dollars.
    19    Criminal mischief in the third degree is a class E felony.
    20    § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
    21  laws of 1971, is amended to read as follows:
    22  § 145.10 Criminal mischief in the second degree.
    23    A person is guilty of criminal mischief in the second degree when with
    24  intent  to  damage property of another person, and having no right to do

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00360-01-1
        A. 2266                             2
 
     1  so nor any reasonable ground to believe  that  he  has  such  right,  he
     2  damages  property  of  another person in an amount exceeding [one] three
     3  thousand [five hundred] dollars.
     4    Criminal mischief in the second degree is a class D felony.
     5    § 3. This act shall take effect on the first of November next succeed-
     6  ing the date on which it shall have become a law.