What's happening
This bill raises the property damage thresholds for criminal mischief in the third and second degrees under New York law.
Why it matters
Raises the monetary thresholds for felony charges. By increasing the dollar amounts required for property damage to qualify as third- or second-degree criminal mischief, fewer cases will reach the felony level, which could lead to more cases being prosecuted as misdemeanors instead.
Potentially reduces long-term consequences for offenders. Individuals who damage property below the new, higher thresholds will face less severe criminal penalties, possibly avoiding the life-altering consequences associated with felony convictions, such as loss of voting rights or barriers to employment.
Impacts prosecutorial discretion and law enforcement practices. Police and prosecutors may need to adjust how they charge and pursue property damage cases, which could shift resource allocation within the justice system and affect how victims experience justice for property crimes.
Reflects inflation and evolving standards of harm. By updating the dollar amounts first set decades ago, the law acknowledges that the economic impact of property damage has changed over time, potentially making the criminal justice response more proportionate to the actual harm caused.
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Who cares
Headline styles
Raise Damage Thresholds for Felonies
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.584
- 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
Assembly Floor Calendar · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4321
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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
S. 4321 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminal mischief in the third degree and criminal mischief in the second degree
Purpose
To raise the monetary damages required for felony convictions of crimi- nal mischief in the second and third degrees.
Summary of provisions
Section 1 - Amends Section 145.05 of the penal law, as amended by chap- ter 276 of the laws of 2003.
Section 2 - Amends Section 145.10 of the penal law, as amended by chap- ter 961 of the laws of 1971.
Section 3 - establishes an effective date.
Justification
Historically, the monetary damage threshold for criminal larceny was Linked to the threshold for a charge of third degree criminal mischief. The threshold for larceny was raised to account for inflation, but the criminal mischief statute was never amended accordingly. Under current New York law, damaging property in excess of $250 is a felony, while actually stealing property worth $250 is only a misdemeanor. This bill would correct this inequality by adjusting the threshold for criminal mischief in the third degree to the same level as grand larceny.
Legislative history
2017-2018 - A.3253 was referred to Codes in 2017 and advanced to third reading in 2018; S.4421 passed the Senate in 2017 and was referred to Codes in 2018. 2015-2016 - A.7283-A was referred to Codes in 2015 and advanced to third reading in 2016. 2013-2014-S.563 2011-2012- A.4328/S.4641 2009-2010- A.5012
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.