Bill Text: NY A03058 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to burglary in the second degree; adds language where the building is a dwelling which, at the time of the commission of the crime, is occupied by a person who is not a participant in the crime to what constitutes burglary in the second degree.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.127 [A03058 Detail]

Download: New_York-2019-A03058-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3058
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
          A. COOK, DE LA ROSA -- read once and  referred  to  the  Committee  on
          Codes
        AN  ACT  to  amend  the penal law, in relation to burglary 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.  Subdivision  2  of  section  140.25  of the penal law, as
     2  amended by chapter 361 of the laws of 1981, is amended and a new  subdi-
     3  vision 3 is added to read as follows:
     4    2. The building is a dwelling[.]; or
     5    3.  The building is a dwelling which, at the time of the commission of
     6  the crime, is occupied by a person who  is  not  a  participant  in  the
     7  crime.
     8    § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
     9  as  amended  by  chapter  476 of the laws of 2018, is amended to read as
    10  follows:
    11    (b) Class C violent felony offenses: an attempt to commit any  of  the
    12  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    13  vated criminally negligent homicide as defined in section 125.11, aggra-
    14  vated manslaughter in the second degree as defined  in  section  125.21,
    15  aggravated  sexual  abuse  in  the  second  degree as defined in section
    16  130.67, assault on a peace officer, police officer, firefighter or emer-
    17  gency medical  services  professional  as  defined  in  section  120.08,
    18  assault  on  a  judge  as defined in section 120.09, gang assault in the
    19  second degree as defined in section 120.06, strangulation in  the  first
    20  degree  as  defined  in section 121.13, burglary in the second degree as
    21  defined in subdivisions one and three of section 140.25, robbery in  the
    22  second  degree  as  defined  in section 160.10, criminal possession of a
    23  weapon in the second degree as defined in section 265.03,  criminal  use
    24  of a firearm in the second degree as defined in section 265.08, criminal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04439-02-9
        A. 3058                             2
     1  sale  of  a  firearm  in the second degree as defined in section 265.12,
     2  criminal sale of a firearm with the aid of a minor as defined in section
     3  265.14, aggravated criminal possession of a weapon as defined in section
     4  265.19,  soliciting  or providing support for an act of terrorism in the
     5  first degree as defined in  section  490.15,  hindering  prosecution  of
     6  terrorism  in the second degree as defined in section 490.30, and crimi-
     7  nal possession of a chemical weapon or biological weapon  in  the  third
     8  degree as defined in section 490.37.
     9    § 3. This act shall take effect immediately.