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A10204Assembly2009-2010 SessionSame asS2119

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree

Sponsor George AmedoreAD-105+15 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Held for consideration in codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2119Senate

Makes intentional damage to an authorized emergency vehicle a crime of criminal mischief in the third degree

In Senate Committee · Codes · Sponsor Martin J. Golden

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10204

Title of bill

An act to amend the penal law, in relation to inten- tional damage to an authorized emergency vehicle

Purpose

To include purposefully damaging an authorized emergency response vehicle within the definition of Criminal Mischief in the third degree, a class E felony.

Summary of provisions

This proposal would add a new subdivision 3 to Penal Law § 145.05 to provide that the crime of Criminal Mischief in the third degree, a class E felony, is committed when an individual inten- tionally causes any damage to any authorized emergency vehicle.

Justification

This bill is intended to expand Criminal Mischief in the third degree so that individuals who intentionally damage authorized emergency vehicles may be charged with a felony. Individuals with blatant disregard of the law often vandalize police and other emergency vehicles by slashing the vehicle's tires or breaking its windows. If this type of damage does not exceed the monetary threshold amount of $250, a felony cannot be charged, even though the harm to the public that results from a disabled emergency response vehicle can be far greater.

Currently, an individual is guilty only of Criminal Mischief in the fourth degree, a Class A misdemeanor, if he or she intentionally causes property damage that does not exceed $250 in value. Therefore, the indi- vidual who flattens the tires or smashes the.window of an authorized emergency vehicle, such as a patrol car, might be charged with only a class A misdemeanor. In view of the potential consequences of impeding an emergency response, damage to an authorized emergency vehicle obvi- ously is more egregious than vandalism to a private vehicle. This type of obstruction to emergency response has a clear potential of great risk to public safety.

Legislative history

New Assembly Bill S.4270 of 2007-2008 - Referred to Codes, Passed Senate S.7838 of 2006 - Passed Senate

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.