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S2209Senate2011-2012 SessionSame asA5197

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

Sponsor Martin J. GoldenSD-22+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

1 Co-sponsor

History

  1. Referred to codes
  2. Returned to senate
  3. Died in assembly
  4. Referred to codes
  5. Delivered to assembly
  6. Passed senateVote 57–5
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.226
  10. 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.

A5197Assembly

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

In Assembly Committee · Codes · Sponsor George Amedore

Full text

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

Sponsor's memo

BILL NUMBER:S2209

Title of bill

An act to amend the penal law, in relation to intentional 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 intentionally 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 individual 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 obviously 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

S.2119 of 2009-10 - Referred to Codes 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.