Bill Text: NY A01058 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 1058 (Prior Session Legislation)

Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A01058 Detail]

Download: New_York-2013-A01058-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1058
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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    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.
                                                                  LBD02969-01-3