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

1 Co-sponsor

• Tony Avella

BILL NUMBER:S4390

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

Section one adds a new subdivision 3 to Penal Law section 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.

Section two provides that this act shall take effect on the ninetieth day after it shall have become law.

Existing law

Under current law, a person who intentionally damages an authorized emergency vehicle would be charged with the offense of criminal mischief in the fourth degree, a class "A" misdemeanor if the damage did not exceed $250.

Justification

This bill is intended to expand the offense of criminal mischief in the third degree so that individuals who intentionally damage authorized emergency vehicles may be charged with a felony instead of a misdemeanor. 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 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 damage caused by an individual who flattens the tires or smashes the window of an authorized emergency vehicle, such as a patrol car, does not exceed $250, he or she may be charged with only a class "A" misdemeanor. When the potential consequences of impeding an emergency response are considered to be damages, the cost of intentional damage to an authorized emergency vehicle can easily exceed $250 Additionally, this type of obstruction to emergency response vehicle potentially creates a great risk to public safety,

Legislative history

2012: S. 2209 - Referred to Codes 2011: S. 2209 - Passed Senate 2009-10: S.2119 - Referred to Codes 2007-8: S.4270 - Passed Senate both years 2006: S.7838 - Passed Senate

Fiscal implications

None

Effective date

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