STATE OF NEW YORK
________________________________________________________________________
10965
IN ASSEMBLY
September 9, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of destruction of police property in the fourth degree, destruction of
police property in the third degree, destruction of police property in
the second degree and destruction of police property in the first
degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding 4 new sections 145.16,
2 145.17, 145.18 and 145.19 to read as follows:
3 § 145.16 Destruction of police property in the fourth degree.
4 A person is guilty of destruction of police property in the fourth
5 degree when, having no right to do so nor any reasonable ground to
6 believe that he or she has such right, he or she:
7 1. intentionally damages police property; or
8 2. recklessly damages police property in an amount exceeding two
9 hundred fifty dollars; or
10 3. with intent to prevent a police officer or sheriff from communicat-
11 ing a request for emergency assistance, intentionally disables or
12 removes telephonic, TTY or similar communication sending equipment while
13 such officer:
14 (a) is attempting to seek or is engaged in the process of seeking
15 emergency assistance from police, law enforcement, fire or emergency
16 medical services personnel; or
17 (b) is attempting to seek or is engaged in the process of seeking
18 emergency assistance from another person or entity in order to protect
19 himself, herself or a third person from imminent physical injury. The
20 fact that the defendant has an ownership interest in such equipment
21 shall not be a defense to a charge pursuant to this subdivision.
22 Destruction of police property in the fourth degree is a class E felo-
23 ny.
24 § 145.17 Destruction of police property in the third degree.
25 A person is guilty of destruction of police property in the third
26 degree when, with intent to damage police property, and having no right
27 to do so nor any reasonable ground to believe that he or she has such
28 right, he or she:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17058-01-0
A. 10965 2
1 1. (a) damages a motor vehicle belonging to the division of the state
2 police, a police department or a sheriff's office, by breaking into such
3 vehicle when it is locked with the intent of stealing property; and
4 (b) within the previous ten year period, has been convicted three or
5 more times, in separate criminal transactions for which sentence was
6 imposed on separate occasions of:
7 (i) criminal mischief in the fourth degree as defined in section
8 145.00, criminal mischief in the third degree as defined in section
9 145.05, criminal mischief in the second degree as defined in section
10 145.10, or criminal mischief in the first degree as defined in section
11 145.12 of this article; or
12 (ii) destruction of police property in the fourth degree as defined in
13 section 145.16, destruction of police property in the third degree as
14 defined in this section, destruction of police property in the second
15 degree as defined in section 145.18, or destruction of police property
16 in the first degree as defined in section 145.19 of this article; or
17 2. damages police property in an amount exceeding two hundred fifty
18 dollars.
19 Destruction of police property in the third degree is a class D felo-
20 ny.
21 § 145.18 Destruction of police property in the second degree.
22 A person is guilty of destruction of police property in the second
23 degree when with intent to damage police property, and having no right
24 to do so nor any reasonable ground to believe that he or she has such
25 right, he or she damages police property in an amount exceeding one
26 thousand five hundred dollars.
27 Destruction of police property in the second degree is a class C felo-
28 ny.
29 § 145.19 Destruction of police property in the first degree.
30 A person is guilty of destruction of police property in the first
31 degree when with intent to damage police property, and having no right
32 to do so nor any reasonable ground to believe that he or she has such
33 right, he or she damages police property by means of an explosive.
34 Destruction of police property in the first degree is a class A felo-
35 ny.
36 § 2. Section 145.13 of the penal law, as amended by chapter 45 of the
37 laws of 2009, is amended to read as follows:
38 § 145.13 Definitions.
39 (1) For the purposes of sections 145.00, 145.05, 145.10 and 145.12 of
40 this article:
41 "Property of another" shall include all property in which another
42 person has an ownership interest, whether or not a person who damages
43 such property, or any other person, may also have an interest in such
44 property.
45 2. For the purposes of sections 145.16, 145.17, 145.18 and 145.19 of
46 this article:
47 "Police property" shall include all property in which:
48 (a) the division of the state police, a police department or a sher-
49 iff's office has an ownership interest; or
50 (b) a municipality has an ownership interest and which is provided to
51 a police department or sheriff's office for use by such department or
52 office.
53 § 3. This act shall take effect on the first of November next succeed-
54 ing the date upon which it shall have become a law.
