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

1 Co-sponsor

• Tony Avella

BILL NUMBER:S802

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 offense 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. If the damage exceeded $250, the charged offense would be criminal mischief in the third degree.

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 this type of obstruction to an authorized emergency vehicle potentially creates a great risk to public safety.

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, when 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 even though the vehicle will have to be removed from service to undergo repairs. When these vehicles are removed from service, the ability of first responders to respond to emergencies is hampered and could lead to the loss of property or life.

Legislative history

2014: S.4390 - Referred to Codes 2013: S.4390 - Passed the Senate 2012: S.2209 - Referred to Codes

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

Fiscal implications

None

Effective date

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