Bill Text: NY A05708 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the crime of home invasion as a class B felony.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2014-03-10 - enacting clause stricken [A05708 Detail]

Download: New_York-2013-A05708-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5708
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
         tee 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 a new section 140.45  to
    2  read as follows:
    3  S 140.45 HOME INVASION.
    4    A  PERSON  IS GUILTY OF HOME INVASION WHEN THE PERSON KNOWINGLY ENTERS
    5  OR REMAINS UNLAWFULLY IN A DWELLING WITH  INTENT  TO  COMMIT  A  VIOLENT
    6  FELONY THEREIN, AND:
    7    1. THE PERSON KNOWS:
    8    (A) THAT ANOTHER PERSON WHO IS NOT ANOTHER PARTICIPANT IN THE CRIME IS
    9  PRESENT IN THE DWELLING AT THE TIME; OR
   10    (B)  OF  CIRCUMSTANCES WHICH RENDER THE PRESENCE OF ANOTHER PERSON WHO
   11  IS NOT ANOTHER PARTICIPANT IN THE CRIME THEREIN A  REASONABLE  POSSIBIL-
   12  ITY; AND
   13    2.  WHEN,  IN  EFFECTING ENTRY OR WHEN IN THE DWELLING OR IN IMMEDIATE
   14  FLIGHT THEREFROM, THE PERSON OR ANOTHER PARTICIPANT IN THE CRIME ENGAGES
   15  IN THE COMMISSION OF, OR ATTEMPTS TO COMMIT, ANY OF THE FOLLOWING  FELO-
   16  NIES:
   17    (A) ROBBERY IN ANY DEGREE;
   18    (B) ASSAULT IN THE FIRST OR SECOND DEGREE;
   19    (C) MURDER IN ANY DEGREE;
   20    (D) MANSLAUGHTER;
   21    (E) RAPE IN ANY DEGREE;
   22    (F) KIDNAPPING IN ANY DEGREE; AND
   23    3.  WHEN,  IN  EFFECTING ENTRY OR WHEN IN THE DWELLING OR IN IMMEDIATE
   24  FLIGHT THEREFROM, THE PERSON OR ANOTHER PARTICIPANT IN THE CRIME:
   25    (A) IS ARMED WITH EXPLOSIVES OR A DEADLY WEAPON; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08977-01-3
       A. 5708                             2
    1    (B) CAUSES PHYSICAL INJURY TO ANY PERSON WHO IS NOT A  PARTICIPANT  IN
    2  THE CRIME.
    3    HOME INVASION IS A CLASS B FELONY.
    4    S 2. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.