Bill Text: NY A09161 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that displaying a device that appears to be an explosive or hazardous substance but is not while knowingly entering or remaining unlawfully in a building with the intent to commit a crime therein is the crime of burglary in the second degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-24 - referred to codes [A09161 Detail]

Download: New_York-2013-A09161-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9161
                                 I N  A S S E M B L Y
                                    March 24, 2014
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the penal law, in relation to burglary in the second
         degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 140.25 of the penal law, paragraph (c) of subdivi-
    2  sion 1 as added by chapter 791 of the laws of  1967,  paragraph  (d)  of
    3  subdivision 1 as amended by chapter 374 of the laws of 1973 and subdivi-
    4  sion 2 as amended by chapter 361 of the laws of 1981, is amended to read
    5  as follows:
    6  S 140.25 Burglary in the second degree.
    7    A  person  is  guilty  of burglary in the second degree when he OR SHE
    8  knowingly enters or remains unlawfully in  a  building  with  intent  to
    9  commit a crime therein, and when:
   10    1.  In effecting entry or while in the building or in immediate flight
   11  therefrom, he OR SHE or another participant in the crime:
   12    (a) Is armed with explosives or a deadly weapon; or
   13    (b) Causes physical injury to any person who is not a  participant  in
   14  the crime; or
   15    (c) Uses or threatens the immediate use of a dangerous instrument; or
   16    (d)  Displays  what  appears to be a pistol, revolver, rifle, shotgun,
   17  machine gun or other firearm; or
   18    (E) DISPLAYS ANY DEVICE OR OBJECT THAT BY  ITS  DESIGN,  CONSTRUCTION,
   19  CONTENT  OR CHARACTERISTICS APPEARS TO BE OR TO CONTAIN A BOMB, DESTRUC-
   20  TIVE DEVICE, EXPLOSIVE OR HAZARDOUS SUBSTANCE, BUT IS, IN FACT, AN INOP-
   21  ERATIVE FACSIMILE OR IMITATION  OF  SUCH  A  BOMB,  DESTRUCTIVE  DEVICE,
   22  EXPLOSIVE OR HAZARDOUS SUBSTANCE; OR
   23    2. The building is a dwelling.
   24    Burglary in the second degree is a class C felony.
   25    S 2. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10085-01-3