Bill Text: NY A01011 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes the crimes of home invasion in the first, second, and third degrees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A01011 Detail]

Download: New_York-2011-A01011-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1011
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. LENTOL, PAULIN, LATIMER -- read once and referred
         to the Committee on Codes
       AN  ACT to amend the penal law, in relation to establishing the crime of
         home invasion
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  penal  law  is amended by adding three new sections,
    2  140.45, 140.50 and 140.55 to read as follows:
    3  S 140.45 HOME INVASION IN THE THIRD DEGREE.
    4    A PERSON IS GUILTY OF HOME INVASION IN THE THIRD DEGREE WHEN HE OR SHE
    5  COMMITS THE CRIME OF BURGLARY IN THE THIRD DEGREE  AND  ALSO  COMMITS  A
    6  VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
    7    HOME INVASION IN THE THIRD DEGREE IS A CLASS D FELONY.
    8  S 140.50 HOME INVASION IN THE SECOND DEGREE.
    9    A  PERSON  IS  GUILTY OF HOME INVASION IN THE SECOND DEGREE WHEN HE OR
   10  SHE COMMITS THE CRIME OF BURGLARY IN THE SECOND DEGREE AND ALSO  COMMITS
   11  A VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
   12    HOME INVASION IN THE SECOND DEGREE IS A CLASS C FELONY.
   13  S 140.55 HOME INVASION IN THE FIRST DEGREE.
   14    A PERSON IS GUILTY OF HOME INVASION IN THE FIRST DEGREE WHEN HE OR SHE
   15  COMMITS  THE  CRIME  OF  BURGLARY IN THE FIRST DEGREE AND ALSO COMMITS A
   16  VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
   17    HOME INVASION IN THE FIRST DEGREE IS A CLASS B FELONY.
   18    S 2. Subdivision 1 of section 70.02 of the penal  law,  as  separately
   19  amended  by  chapters  764 and 765 of the laws of 2005, paragraph (a) as
   20  amended by chapter 320 of the laws of 2006, paragraphs (b)  and  (c)  as
   21  amended  by chapter 405 of the laws of 2010 and paragraph (d) as amended
   22  by chapter 7 of the laws of 2007, is amended to read as follows:
   23    1. Definition of a violent felony offense. A violent felony offense is
   24  a class B violent felony offense, a class C violent  felony  offense,  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03475-01-1
       A. 1011                             2
    1  class  D  violent  felony  offense, or a class E violent felony offense,
    2  defined as follows:
    3    (a)  Class  B  violent felony offenses: an attempt to commit the class
    4  A-I felonies of murder in  the  second  degree  as  defined  in  section
    5  125.25, kidnapping in the first degree as defined in section 135.25, and
    6  arson  in the first degree as defined in section 150.20; manslaughter in
    7  the first degree as defined in section 125.20,  aggravated  manslaughter
    8  in  the  first  degree  as  defined in section 125.22, rape in the first
    9  degree as defined in section 130.35, criminal sexual act  in  the  first
   10  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   11  first degree as defined in section  130.70,  course  of  sexual  conduct
   12  against  a  child  in  the  first  degree  as defined in section 130.75;
   13  assault in the first degree as defined in section 120.10, kidnapping  in
   14  the  second  degree  as defined in section 135.20, burglary in the first
   15  degree as defined in section 140.30, HOME INVASION IN THE  FIRST  DEGREE
   16  AS  DEFINED  IN SECTION 140.55, arson in the second degree as defined in
   17  section 150.15, robbery in  the  first  degree  as  defined  in  section
   18  160.15,  incest in the first degree as defined in section 255.27, crimi-
   19  nal possession of a weapon in the first degree  as  defined  in  section
   20  265.04,  criminal  use  of  a  firearm in the first degree as defined in
   21  section 265.09, criminal sale of  a  firearm  in  the  first  degree  as
   22  defined in section 265.13, aggravated assault upon a police officer or a
   23  peace  officer  as  defined in section 120.11, gang assault in the first
   24  degree as defined in section 120.07, intimidating a victim or witness in
   25  the first degree as defined in section 215.17, hindering prosecution  of
   26  terrorism  in  the  first  degree as defined in section 490.35, criminal
   27  possession of a chemical weapon  or  biological  weapon  in  the  second
   28  degree  as  defined  in  section  490.40, and criminal use of a chemical
   29  weapon or biological weapon in the third degree as  defined  in  section
   30  490.47.
   31    (b)  Class  C violent felony offenses: an attempt to commit any of the
   32  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   33  vated criminally negligent homicide as defined in section 125.11, aggra-
   34  vated  manslaughter  in  the second degree as defined in section 125.21,
   35  aggravated sexual abuse in the  second  degree  as  defined  in  section
   36  130.67, assault on a peace officer, police officer, fireman or emergency
   37  medical services professional as defined in section 120.08, gang assault
   38  in  the second degree as defined in section 120.06, strangulation in the
   39  first degree as defined in section 121.13, burglary in the second degree
   40  as defined in section 140.25, HOME  INVASION  IN  THE  FIRST  DEGREE  AS
   41  DEFINED  IN  SECTION  140.55, robbery in the second degree as defined in
   42  section 160.10, criminal possession of a weapon in the second degree  as
   43  defined  in  section  265.03,  criminal  use  of a firearm in the second
   44  degree as defined in section 265.08, criminal sale of a firearm  in  the
   45  second  degree  as defined in section 265.12, criminal sale of a firearm
   46  with the aid of a minor as defined  in  section  265.14,  soliciting  or
   47  providing support for an act of terrorism in the first degree as defined
   48  in  section  490.15,  hindering  prosecution  of terrorism in the second
   49  degree as defined in section 490.30, and criminal possession of a chemi-
   50  cal weapon or biological weapon  in  the  third  degree  as  defined  in
   51  section 490.37.
   52    (c)  Class  D violent felony offenses: an attempt to commit any of the
   53  class C felonies set forth in paragraph (b); reckless assault of a child
   54  as defined in section 120.02, assault in the second degree as defined in
   55  section 120.05, menacing a police officer or peace officer as defined in
   56  section 120.18, stalking in the first degree, as defined in  subdivision
       A. 1011                             3
    1  one  of section 120.60, strangulation in the second degree as defined in
    2  section 121.12, rape in the second degree as defined in section  130.30,
    3  criminal  sexual  act in the second degree as defined in section 130.45,
    4  sexual abuse in the first degree as defined in section 130.65, course of
    5  sexual  conduct  against  a  child  in  the  second degree as defined in
    6  section 130.80, aggravated sexual abuse in the third degree  as  defined
    7  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    8  substance as defined in section  130.90,  HOME  INVASION  IN  THE  FIRST
    9  DEGREE  AS DEFINED IN SECTION 140.55, criminal possession of a weapon in
   10  the third degree as defined in subdivision five, six, seven or eight  of
   11  section  265.02,  criminal  sale  of  a  firearm  in the third degree as
   12  defined in section 265.11, intimidating  a  victim  or  witness  in  the
   13  second  degree  as  defined  in  section 215.16, soliciting or providing
   14  support for an act of terrorism in  the  second  degree  as  defined  in
   15  section  490.10,  and  making a terroristic threat as defined in section
   16  490.20, falsely reporting an incident in the first degree as defined  in
   17  section 240.60, placing a false bomb or hazardous substance in the first
   18  degree  as  defined in section 240.62, placing a false bomb or hazardous
   19  substance in a sports stadium or arena, mass transportation facility  or
   20  enclosed  shopping  mall  as  defined  in section 240.63, and aggravated
   21  unpermitted use of indoor pyrotechnics in the first degree as defined in
   22  section 405.18.
   23    (d) Class E violent felony offenses: an attempt to commit any  of  the
   24  felonies  of  criminal  possession  of  a  weapon in the third degree as
   25  defined in subdivision five, six, seven or eight of section 265.02 as  a
   26  lesser  included offense of that section as defined in section 220.20 of
   27  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
   28  section  130.53, aggravated sexual abuse in the fourth degree as defined
   29  in section 130.65-a, falsely reporting an incident in the second  degree
   30  as  defined  in  section  240.55  and  placing a false bomb or hazardous
   31  substance in the second degree as defined in section 240.61.
   32    S 3. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.
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