Bill Text: NY S06724 | 2011-2012 | General Assembly | Introduced

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Bill Title: Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-03-13 - REFERRED TO CODES [S06724 Detail]

Download: New_York-2011-S06724-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6724
                                   I N  S E N A T E
                                    March 13, 2012
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in  relation  to  criminal  trespass  and
         burglary upon the premises of a pharmacy
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 140.00 of the penal law is amended by adding a  new
    2  subdivision 6 to read as follows:
    3    6.  "PHARMACY" MEANS THAT AREA WITHIN A BUILDING AT WHICH THE PRACTICE
    4  OF THE PROFESSION OF PHARMACY  IS  CONDUCTED  PURSUANT  TO  ARTICLE  ONE
    5  HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
    6    S  2.  Subdivision 1 of section 140.15 of the penal law, as amended by
    7  chapter 315 of the laws of 2010, is amended to read as follows:
    8    1. he or she knowingly enters or remains unlawfully in a dwelling OR A
    9  PHARMACY; or
   10    S 3.  Subdivision 2 of section 140.25 of the penal law, as amended  by
   11  chapter 361 of the laws of 1981, is amended to read as follows:
   12    2.  The building is a dwelling, OR THE PORTION OF THE BUILDING THAT IS
   13  A PHARMACY.
   14    S 4. The opening paragraph of section 140.30  of  the  penal  law,  as
   15  amended  by  chapter  361  of  the  laws  of 1981, is amended to read as
   16  follows:
   17    A person is guilty of burglary in the first  degree  when  he  OR  SHE
   18  knowingly  enters or remains unlawfully in a dwelling OR A PHARMACY with
   19  intent to commit a crime therein, and when, in effecting entry or  while
   20  in  the  dwelling or in immediate flight therefrom, he OR SHE or another
   21  participant in the crime:
   22    S 5.   This act shall take  effect  on  the  first  of  November  next
   23  succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14673-01-2