Bill Text: NY A03952 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes the crimes of home invasion in the first, second, and third degrees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03952 Detail]
Download: New_York-2017-A03952-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3952 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. LENTOL, PAULIN -- 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 § 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 § 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 § 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 § 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, paragraphs (a) and 20 (c) as amended by chapter 368 of the laws of 2015, paragraph (b) as 21 amended by chapter 1 of the laws of 2013, 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. LBD03979-01-7A. 3952 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, sex trafficking as defined in paragraphs (a) and (b) of subdivi- 19 sion five of section 230.34, incest in the first degree as defined in 20 section 255.27, criminal possession of a weapon in the first degree as 21 defined in section 265.04, criminal use of a firearm in the first degree 22 as defined in section 265.09, criminal sale of a firearm in the first 23 degree as defined in section 265.13, aggravated assault upon a police 24 officer or a peace officer as defined in section 120.11, gang assault in 25 the first degree as defined in section 120.07, intimidating a victim or 26 witness in the first degree as defined in section 215.17, hindering 27 prosecution of terrorism in the first degree as defined in section 28 490.35, criminal possession of a chemical weapon or biological weapon in 29 the second degree as defined in section 490.40, and criminal use of a 30 chemical weapon or biological weapon in the third degree as defined in 31 section 490.47. 32 (b) Class C violent felony offenses: an attempt to commit any of the 33 class B felonies set forth in paragraph (a) of this subdivision; aggra- 34 vated criminally negligent homicide as defined in section 125.11, aggra- 35 vated manslaughter in the second degree as defined in section 125.21, 36 aggravated sexual abuse in the second degree as defined in section 37 130.67, assault on a peace officer, police officer, fireman or emergency 38 medical services professional as defined in section 120.08, assault on a 39 judge as defined in section 120.09, gang assault in the second degree as 40 defined in section 120.06, strangulation in the first degree as defined 41 in section 121.13, burglary in the second degree as defined in section 42 140.25, home invasion in the second degree as defined in section 140.50, 43 robbery in the second degree as defined in section 160.10, criminal 44 possession of a weapon in the second degree as defined in section 45 265.03, criminal use of a firearm in the second degree as defined in 46 section 265.08, criminal sale of a firearm in the second degree as 47 defined in section 265.12, criminal sale of a firearm with the aid of a 48 minor as defined in section 265.14, aggravated criminal possession of a 49 weapon as defined in section 265.19, soliciting or providing support for 50 an act of terrorism in the first degree as defined in section 490.15, 51 hindering prosecution of terrorism in the second degree as defined in 52 section 490.30, and criminal possession of a chemical weapon or biolog- 53 ical weapon in the third degree as defined in section 490.37. 54 (c) Class D violent felony offenses: an attempt to commit any of the 55 class C felonies set forth in paragraph (b); reckless assault of a child 56 as defined in section 120.02, assault in the second degree as defined inA. 3952 3 1 section 120.05, menacing a police officer or peace officer as defined in 2 section 120.18, stalking in the first degree, as defined in subdivision 3 one of section 120.60, strangulation in the second degree as defined in 4 section 121.12, rape in the second degree as defined in section 130.30, 5 criminal sexual act in the second degree as defined in section 130.45, 6 sexual abuse in the first degree as defined in section 130.65, course of 7 sexual conduct against a child in the second degree as defined in 8 section 130.80, aggravated sexual abuse in the third degree as defined 9 in section 130.66, facilitating a sex offense with a controlled 10 substance as defined in section 130.90, labor trafficking as defined in 11 paragraphs (a) and (b) of subdivision three of section 135.35, home 12 invasion in the third degree as defined in section 140.45, criminal 13 possession of a weapon in the third degree as defined in subdivision 14 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 15 a firearm in the third degree as defined in section 265.11, intimidating 16 a victim or witness in the second degree as defined in section 215.16, 17 soliciting or providing support for an act of terrorism in the second 18 degree as defined in section 490.10, and making a terroristic threat as 19 defined in section 490.20, falsely reporting an incident in the first 20 degree as defined in section 240.60, placing a false bomb or hazardous 21 substance in the first degree as defined in section 240.62, placing a 22 false bomb or hazardous substance in a sports stadium or arena, mass 23 transportation facility or enclosed shopping mall as defined in section 24 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 25 first degree as defined in section 405.18. 26 (d) Class E violent felony offenses: an attempt to commit any of the 27 felonies of criminal possession of a weapon in the third degree as 28 defined in subdivision five, six, seven or eight of section 265.02 as a 29 lesser included offense of that section as defined in section 220.20 of 30 the criminal procedure law, persistent sexual abuse as defined in 31 section 130.53, aggravated sexual abuse in the fourth degree as defined 32 in section 130.65-a, falsely reporting an incident in the second degree 33 as defined in section 240.55 and placing a false bomb or hazardous 34 substance in the second degree as defined in section 240.61. 35 § 3. This act shall take effect on the first of November next succeed- 36 ing the date on which it shall have become a law.
