Bill Text: NY S03924 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the crimes of home invasion robbery in the first, second and third degrees; these new crimes differ from burglary in that the intent to commit a robbery of a person within their own home is present from the outset, and in many cases of home invasion, the perpetrator uses deception to gain entry to a dwelling.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S03924 Detail]

Download: New_York-2009-S03924-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3924
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 6, 2009
                                      ___________
       Introduced  by  Sens. FLANAGAN, ALESI, LARKIN, MAZIARZ, MORAHAN, RANZEN-
         HOFER, SEWARD, VOLKER, WINNER -- 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 establishing  home inva-
         sion robbery offenses
         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 article 163 to
    2  read as follows:
    3                                 ARTICLE 163
    4                            HOME INVASION ROBBERY
    5  SECTION 163.00 HOME INVASION ROBBERY; DEFINED.
    6          163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE.
    7          163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE.
    8  S 163.00 HOME INVASION ROBBERY; DEFINED.
    9    FOR THE PURPOSES OF THIS ARTICLE, "HOME INVASION  ROBBERY"  MEANS  ANY
   10  ROBBERY  AS  DEFINED  IN SECTION 160.00 OF THIS TITLE THAT OCCURS WHEN A
   11  PERSON ENTERS A DWELLING WITH THE INTENT TO COMMIT A ROBBERY,  AND  DOES
   12  COMMIT A ROBBERY OF THE OCCUPANTS THEREIN.
   13  S 163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE.
   14    A  PERSON IS GUILTY OF HOME INVASION ROBBERY IN THE SECOND DEGREE WHEN
   15  HE OR SHE COMMITS A HOME INVASION ROBBERY AND IS AIDED BY ANOTHER PERSON
   16  ACTUALLY PRESENT.
   17    HOME INVASION ROBBERY IN THE SECOND DEGREE IS A CLASS C FELONY.
   18  S 163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE.
   19    A PERSON IS GUILTY OF HOME INVASION ROBBERY IN THE FIRST  DEGREE  WHEN
   20  HE OR SHE COMMITS A HOME INVASION ROBBERY AND WHEN, IN THE COURSE OF THE
   21  COMMISSION  OF SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR SHE OR
   22  ANOTHER PARTICIPANT IN SUCH CRIME:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06536-01-9
       S. 3924                             2
    1    1. CAUSES SERIOUS PHYSICAL INJURY TO ANY PERSON WHO IS NOT  A  PARTIC-
    2  IPANT IN SUCH CRIME; OR
    3    2. IS ARMED WITH A DEADLY WEAPON; OR
    4    3. USES OR THREATENS THE IMMEDIATE USE OF A DANGEROUS INSTRUMENT; OR
    5    4.  DISPLAYS  WHAT  APPEARS  TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN,
    6  MACHINE GUN OR OTHER FIREARM; EXCEPT THAT IN ANY PROSECUTION UNDER  THIS
    7  SUBDIVISION,  IT  IS  AN AFFIRMATIVE DEFENSE THAT SUCH PISTOL, REVOLVER,
    8  RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM WAS  NOT  A  LOADED  WEAPON
    9  FROM  WHICH  A SHOT, READILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS
   10  PHYSICAL INJURY, COULD BE DISCHARGED. NOTHING CONTAINED IN THIS SUBDIVI-
   11  SION SHALL CONSTITUTE A DEFENSE TO A  PROSECUTION  FOR,  OR  PRECLUDE  A
   12  CONVICTION  OF,  HOME INVASION ROBBERY IN THE SECOND DEGREE OR ANY OTHER
   13  OFFENSE.
   14    HOME INVASION ROBBERY IN THE FIRST DEGREE IS A CLASS B FELONY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.