What's happening
This bill raises the dollar thresholds for certain criminal mischief and securities fraud offenses, making prosecution apply to higher-value cases.
Why it matters
Raises the minimum dollar amount required for criminal mischief and securities fraud charges to apply, meaning only higher-value cases will be prosecuted under these statutes. This could reduce prosecution for lower-value property damage or fraud, potentially shifting enforcement priorities and impacting victims of smaller losses.
May result in fewer felony prosecutions for lower-dollar offenses, which could affect the workload of courts and law enforcement, as well as sentencing outcomes for defendants. This change might reduce the number of people facing serious criminal charges for minor property or securities-related offenses.
Applies not only to future offenses but also to ongoing criminal proceedings for offenses committed before the law takes effect, as long as those cases are still pending. This retroactive application could alter the charges or penalties faced by defendants currently in the system.
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Who cares
Headline styles
Raise Felony Damage Thresholds
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- 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.
Raise Criminal Mischief Threshold
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6951
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation to criminal mischief and securities fraud
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 145.05 of the penal law, as amended by chapter 276 of the laws of 2003, is amended to read as follows:
2. damages property of another person in an amount exceeding [two hundred fifty] one thousand dollars.
§ 2. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to read as follows: § 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding [one] three thousand [five hundred] dollars.
Criminal mischief in the second degree is a class D felony.
§ 3. Subdivision 6 of section 352-c of the general business law, as added by chapter 146 of the laws of 1982, is amended to read as follows:
6. Any person, partnership, corporation, company, trust or association, or any agent or employee thereof who intentionally engages in fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale, or who makes any material false representation or statement with intent to deceive or defraud, while engaged in inducing or promoting the issuance, distribution, exchange, sale, negotiation or purchase within or from this state of any securities or commodities, as defined in this article, and thereby wrongfully obtains
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05481-01-9
A. 6951 2
property of a value in excess of [two hundred fifty] one thousand dollars, shall be guilty of a class E felony.
§ 4. This act shall take effect immediately and shall apply to offenses committed on or after such effective date, and to offenses committed prior to such effective date where the criminal proceeding arising out of the commission of such offense is pending on the effective date of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.