New York S 5023: Relates to criminal mischief in the third degree and criminal mischief in the second degree

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S05023 Summary:

BILL NOS05023 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRRIVERA, SALAZAR

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MLTSPNSR

&nbsp

Amd §§145.05 & 145.10, Pen L

&nbsp

Relates to criminal mischief in the third degree and criminal mischief in the second degree.

Go to top S05023 Actions:

BILL NOS05023 

&nbsp

02/18/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05023 Committee&nbspVotes:

Go to topS05023 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05023 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5023

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sens. SEPULVEDA, RIVERA, SALAZAR -- 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 and 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 145.05 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] they have
 7 such right, [he or she] such person:
 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] one thousand dollars.
 19 Criminal mischief in the third degree is a class E felony.
 20 § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
 21 laws of 1971, is amended to read as follows:
 22 § 145.10 Criminal mischief in the second degree.
 23 A person is guilty of criminal mischief in the second degree when with
 24 intent to damage property of another person, and having no right to do
 25 so nor any reasonable ground to believe that [he has] they have such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09268-01-5

 S. 5023 2

 1 right, [he] such person damages property of another person in an amount
 2 exceeding [one] three thousand [five hundred] dollars.
 3 Criminal mischief in the second degree is a class D felony.
 4 § 3. This act shall take effect on the first of November next succeed-
 5 ing the date on which it shall have become a law.

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