Bill Text: NY A05454 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the penal law, in relation to establishing home invasion robbery offenses

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05454 Detail]

Download: New_York-2009-A05454-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5454
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by  M. of A. SPANO, WEISENBERG, FIELDS, MAISEL, CHRISTENSEN,
         CUSICK, CARROZZA, CLARK, ZEBROWSKI, SCHIMMINGER,  BROOK-KRASNY,  LANC-
         MAN,  ALESSI,  GALEF,  KOON,  COLTON -- Multi-Sponsored by -- M. of A.
         ABBATE, EDDINGTON, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER, MARKEY, PRET-
         LOW, SEMINERIO -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing   home  inva-
         sion robbery offenses
         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 a  new  article  163  to
    2  read as follows:
    3                                 ARTICLE 163
    4                            HOME INVASION ROBBERY
    5  SECTION 163.00 HOME INVASION ROBBERY; DEFINED.
    6          163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE.
    7          163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE.
    8  S 163.00 HOME INVASION ROBBERY; DEFINED.
    9    FOR  THE  PURPOSES  OF THIS ARTICLE, "HOME INVASION ROBBERY" MEANS ANY
   10  ROBBERY AS DEFINED IN SECTION 160.00 OF THIS TITLE THAT  OCCURS  WHEN  A
   11  PERSON  ENTERS  A DWELLING WITH THE INTENT TO COMMIT A ROBBERY, AND DOES
   12  COMMIT A ROBBERY OF THE OCCUPANTS THEREIN.
   13  S 163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE.
   14    A PERSON IS GUILTY OF HOME INVASION ROBBERY IN THE SECOND DEGREE  WHEN
   15  HE OR SHE COMMITS A HOME INVASION ROBBERY AND IS AIDED BY ANOTHER PERSON
   16  ACTUALLY PRESENT.
   17    HOME INVASION ROBBERY IN THE SECOND DEGREE IS A CLASS C FELONY.
   18  S 163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE.
   19    A  PERSON  IS GUILTY OF HOME INVASION ROBBERY IN THE FIRST DEGREE WHEN
   20  HE OR SHE COMMITS A HOME INVASION ROBBERY AND WHEN, IN THE COURSE OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06536-01-9
       A. 5454                             2
    1  COMMISSION OF SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR SHE  OR
    2  ANOTHER PARTICIPANT IN SUCH CRIME:
    3    1.  CAUSES  SERIOUS PHYSICAL INJURY TO ANY PERSON WHO IS NOT A PARTIC-
    4  IPANT IN SUCH CRIME; OR
    5    2. IS ARMED WITH A DEADLY WEAPON; OR
    6    3. USES OR THREATENS THE IMMEDIATE USE OF A DANGEROUS INSTRUMENT; OR
    7    4. DISPLAYS WHAT APPEARS TO BE A  PISTOL,  REVOLVER,  RIFLE,  SHOTGUN,
    8  MACHINE  GUN OR OTHER FIREARM; EXCEPT THAT IN ANY PROSECUTION UNDER THIS
    9  SUBDIVISION, IT IS AN AFFIRMATIVE DEFENSE THAT  SUCH  PISTOL,  REVOLVER,
   10  RIFLE,  SHOTGUN,  MACHINE  GUN  OR OTHER FIREARM WAS NOT A LOADED WEAPON
   11  FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING DEATH OR  OTHER  SERIOUS
   12  PHYSICAL INJURY, COULD BE DISCHARGED. NOTHING CONTAINED IN THIS SUBDIVI-
   13  SION  SHALL  CONSTITUTE  A  DEFENSE  TO A PROSECUTION FOR, OR PRECLUDE A
   14  CONVICTION OF, HOME INVASION ROBBERY IN THE SECOND DEGREE OR  ANY  OTHER
   15  OFFENSE.
   16    HOME INVASION ROBBERY IN THE FIRST DEGREE IS A CLASS B FELONY.
   17    S 2. This act shall take effect on the first of November next succeed-
   18  ing the date on which it shall have become a law.