Bill Text: NY S00554 | 2009-2010 | General Assembly | Introduced

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Bill Title: Increases the penalty for burglary in the second degree; includes within the offense entering a building while it is occupied.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00554 Detail]

Download: New_York-2009-S00554-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          554
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed 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) THE BUILDING IS OCCUPIED; OR
   19    2. The building is a dwelling.
   20    Burglary in the second degree is a class [C] B felony.
   21    S  2.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04275-01-9