STATE OF NEW YORK
________________________________________________________________________
2560
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed 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.
LBD05481-01-9
S. 2560 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.
