What's happening
This bill raises the monetary thresholds for criminal mischief and securities fraud offenses in New York State.
Why it matters
Raises the minimum dollar amount for prosecuting certain property crimes. By increasing the monetary thresholds for criminal mischief and securities fraud, fewer lower-dollar incidents will qualify for felony charges, potentially reducing the number of people facing serious criminal penalties for minor financial harms.
Reflects inflation and changing economic realities. The new, higher thresholds acknowledge that the value of money has changed since the original laws were enacted, updating the law to better match present-day property values and losses.
May impact law enforcement and prosecutorial priorities. Police and prosecutors may shift focus toward higher-value cases, leading to less enforcement of lower-value offenses and potentially changing how resources are allocated within the criminal justice system.
Could affect victims and offenders differently. While those accused of low-level property crimes might face less severe charges, victims of crimes involving amounts below the new thresholds may perceive reduced legal recourse or deterrence for such offenses.
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Who cares
Headline styles
Raise Criminal Mischief Threshold
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Felony Damage Thresholds
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2560
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed 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
S. 2560 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.
Sponsor's memo
Title of bill
An act to amend the penal law and the general business law, in relation to criminal mischief and securities fraud
Purpose or general idea of bill
To raise the existing monetary thresholds for Felony-Level Criminal Mischief and Securities Fraud.
Summary of specific provisions
Section 1 of the bill amends subdivision 2 of section 145.05 of the Penal Law to raise the monetary property damage threshold from ($250) to $1,000.
Section 2 of the bill amends section 145.10 of the Penal. Law to raise the monetary property damage threshold from ($1,500) to $3,000.
Section 3 of the bill amends subdivision 6 of section 352-c of the general business to raise the monetary threshold from ($250) to $1,000.
Justification
Current monetary thresholds for criminal mischief in the second and third degrees (Penal ,Law sections 145.05 (2) and 145.10, respectively) are too low and should be raised to conform to the higher thresholds established by the Legislature in 1986 for comparable theft and stolen property-related felony offenses such as grand larceny, criminal Possession of stolen property and insurance fraud.
Accordingly, this measure adjusts for inflation to reflect the realities of the monetary world of 2009. Present monetary thresholds are unrealis- tically low and unduly strain police resources. While felony arrests for low-level thefts are routinely reduced to misdemeanors by prosecutors and judges, the police must adhere to the rewires substantial allocation of resources and reduces the number of police officers available for patrol. In addition, this measure would correct a related anomaly in the law amending subdivision six of the General Business Law section 352-c to raise to $1,000 the current $250 threshold for the class E felony securities fraud offense.
Prior legislative history
2015-16:S.2191/A.2960(Lentol)- Referred to Codes 2017-13:S.4026/A.3595(Lento1)- Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.