What's happening
This bill raises the property damage thresholds for criminal mischief in the third and second degrees in New York.
Why it matters
Raises the dollar amount of property damage required to charge someone with third- or second-degree criminal mischief, meaning fewer lower-value cases will be prosecuted as felonies. This could reduce the number of people facing serious felony charges for minor property damage.
May lead to fewer convictions for felony-level property crimes, which can have significant long-term consequences for defendants, such as employment barriers, loss of voting rights, and immigration issues. The change could benefit individuals who cause lower-value damage, especially first-time or low-level offenders.
Could shift how law enforcement and prosecutors prioritize and allocate resources, potentially allowing more focus on higher-value or more serious property crimes. Lower-value cases may be pursued as misdemeanors or not at all, affecting overall prosecution rates and jail populations.
Reflects an adjustment for inflation and changing views on criminal justice, aiming to ensure that punishment and legal consequences are more proportionate to the harm caused. This change may be of interest to those concerned with criminal justice reform and reducing mass incarceration.
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Who cares
Headline styles
Raise Damage Thresholds for Felonies
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.38
- Returned to assembly
- Died in senate
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.14
- Reported
- 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 Damage Thresholds for Felonies
In Senate Committee · Codes · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
745
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
Introduced by M. of A. AUBRY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal mischief in the third degree and criminal mischief in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 145.05 of the penal law, as amended by chapter 276 of the laws of 2003, is amended to read as follows: § 145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third 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 or she has such right, he or she:
1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding [two hundred fifty] one thousand dollars.
Criminal mischief in the third degree is a class E felony.
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07448-01-9
A. 745 2
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. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.