Crime Committee Report e.indd - New York State Senate

S.8229 HASSELL-THOMPSON / A 11602 Lentol
Public defenders to have access to DCJS Criminal History Databank
6/30/10 – Passed Senate
Agencies that are defined as “qualified agencies” under Executive Law § 835(9) have access
to the criminal history records maintained by the Division of Criminal Justice Services. See Executive
Law § 837(6); 9 NYCRR Part 6051. The proposed bill would add public defenders, legal
aid societies, and administrators of assigned counsel programs to the list of qualified agencies.
Public defense providers would then be able to enter into use and dissemination agreements
with the Division of Criminal Justice Services that would govern their access to criminal history
information.
In order to provide effective representation, including bail applications, case investigation,
plea negotiation, and sentencing advocacy, public defense attorneys need to have ready access
to criminal history reports of clients and witness. Currently, public defense providers rely on
district attorneys, judges, and other members of the criminal justice community for access to
criminal history reports; often, disclosure of these reports is not timely. Providing public defense
counsel direct access to criminal history reports will help them provide effective representation
to their clients and will improve the efficiency of the entire criminal justice system in
New York State.
S.4688 HASSELL-THOMPSON, DIAZ, KRUEGER / A8195 Lentol
Updating Criminal Mischief Statute
6/15/10 - Passed Senate
The bill amends section 145.05 of the Penal Law to raise the monetary property damage
threshold from ($250) to $1,000.
The bill also amends section 145.10 of the Penal Law to raise the monetary property damage
threshold from ($1,500) to $3,000. The bill amends subdivision 6 of section 352-c of the
general business to raise the monetary threshold from ($250) to $1,000.
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 propertyrelated
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 unrealistically 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 law and process a three hundred dollar theft
as a felony. This requires 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.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 55