Bill Text: NY S02456 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that certain politically motivated activity shall constitute the crime of criminal mischief in the third degree when a person with intent to damage another's property and has no right to do so, damages property exceeding a value of two hundred fifty dollars and intends to commit politically motivated activity or acts on behalf of any association, organization or entity with the purpose of supporting politically motivated activity to obstruct, impeded or deter persons from participating in lawful animal activity.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02456 Detail]

Download: New_York-2011-S02456-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2456
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2011
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to 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  S 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  IN  AN  AMOUNT  EXCEEDING  TWO
   20  HUNDRED  FIFTY DOLLARS AND: (A) HIS OR HER INTENT TO COMMIT THE ACTIVITY
   21  WAS POLITICALLY MOTIVATED; OR (B) HE OR SHE ACTED ON BEHALF  OR  AT  THE
   22  REQUEST  OF  OR  THE  BENEFIT  OF ANY ASSOCIATION, ORGANIZATION, ENTITY,
   23  COALITION, OR COMBINATION OF TWO OR MORE PERSONS  WITH  THE  PRIMARY  OR
   24  INCIDENTAL  PURPOSE  OF  SUPPORTING  ANY  POLITICALLY MOTIVATED ACTIVITY
   25  THROUGH INTIMIDATION, COERCION, FEAR, OR OTHER MEANS THAT IS INTENDED TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07356-01-1
       S. 2456                             2
    1  OBSTRUCT, IMPEDE OR DETER ANY PERSON  FROM  PARTICIPATING  IN  A  LAWFUL
    2  ANIMAL  ACTIVITY,  OR  THE  LAWFUL  ACTIVITY  OF ANIMAL CONTROL, MINING,
    3  FORESTING, HARVESTING, GATHERING OR PROCESSING OF NATURAL RESOURCES.
    4    Criminal mischief in the third degree is a class E felony.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.