Bill Text: NY A10423 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes a person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so he or she damages property that is public property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-29 - referred to codes [A10423 Detail]

Download: New_York-2011-A10423-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10423
                                 I N  A S S E M B L Y
                                     May 29, 2012
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to 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 145.10 of the penal law, as amended by chapter 961
    2  of the laws of 1971, is amended to read as follows:
    3  S 145.10 Criminal mischief in the second degree.
    4    A person is guilty of criminal mischief in the second 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 PROPERTY THAT IS PUBLIC PROPERTY. FOR THE PURPOSES OF  THIS
    9  SUBDIVISION,   "PUBLIC  PROPERTY"  MEANS  PROPERTY  OWNED,  OPERATED  OR
   10  CONTROLLED BY ANY GOVERNMENTAL AGENCY INCLUDING,  BUT  NOT  LIMITED  TO,
   11  PARKS,  PLAYGROUNDS,  PARKING  LOTS,  SCHOOLS,  LIBRARIES, POST OFFICES,
   12  MUNICIPAL TRANSIT FACILITIES AND OTHER PUBLIC BUILDINGS; OR
   13    2. damages property of another person in an amount exceeding one thou-
   14  sand five hundred dollars.
   15    Criminal mischief in the second degree is a class D felony.
   16    S 2. This act shall take effect on the ninetieth day  after  it  shall
   17  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04497-01-1