STATE OF NEW YORK ________________________________________________________________________ 676 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. RODRIGUEZ -- read once and referred 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 § 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 § 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 § 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 § 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. LBD03961-01-7