S 5023: Relates to criminal mischief in the third degree and criminal mischief in the second degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 5023 2025-2026 Regular Sessions  IN SENATE February 18, 2025 ___________ Introduced by Sens. SEPULVEDA, RIVERA, SALAZAR -- 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 Assem- bly, do enact as follows: 1 Section 1. Section 145.05 of the penal law, as amended by chapter 276 2 of the laws of 2003, is amended to read as follows: 3 § 145.05 Criminal mischief in the third degree. 4 A person is guilty of criminal mischief in the third degree when, with 5 intent to damage property of another person, and having no right to do 6 so nor any reasonable ground to believe that [he or she has] they have 7 such right, [he or she] such person: 8 1. damages the motor vehicle of another person, by breaking into such 9 vehicle when it is locked with the intent of stealing property, and 10 within the previous ten year period, has been convicted three or more 11 times, in separate criminal transactions for which sentence was imposed 12 on separate occasions, of criminal mischief in the fourth degree as 13 defined in section 145.00, criminal mischief in the third degree as 14 defined in this section, criminal mischief in the second degree as 15 defined in section 145.10, or criminal mischief in the first degree as 16 defined in section 145.12 of this article; or 17 2. damages property of another person in an amount exceeding [two 18 hundred fifty] one thousand dollars. 19 Criminal mischief in the third degree is a class E felony. 20 § 2. Section 145.10 of the penal law, as amended by chapter 961 of the 21 laws of 1971, is amended to read as follows: 22 § 145.10 Criminal mischief in the second degree. 23 A person is guilty of criminal mischief in the second degree when with 24 intent to damage property of another person, and having no right to do 25 so nor any reasonable ground to believe that [he has] they have such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09268-01-5 
 S. 5023 2 1 right, [he] such person damages property of another person in an amount 2 exceeding [one] three thousand [five hundred] dollars. 3 Criminal mischief in the second degree is a class D felony. 4 § 3. This act shall take effect on the first of November next succeed- 5 ing the date on which it shall have become a law.