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