Provides that damaging certain mechanisms such as locks, security devices, anti-theft and recovery devices consisting of an electronic homing device and dashboard items on a motor vehicle shall be criminal mischief in the third degree regardless of value.
STATE OF NEW YORK
________________________________________________________________________
5157
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
___________
Introduced by M. of A. CYMBROWITZ, DenDEKKER -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of criminal
mischief in the third 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 dollars[.]; or
19 3. damages property of another person consisting of any part of a
20 lock, alarm or security device, anti-theft and recovery device consist-
21 ing of an electronic homing device, steering mechanism, dashboard,
22 radio, airbag, or ignition system of a motor vehicle, as defined in
23 section one hundred twenty-five of the vehicle and traffic law.
24 Criminal mischief in the third degree is a class E felony.
25 § 2. This act shall take effect on the first of January next succeed-
26 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09353-01-9
