Bill Text: NY S06504 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to burglary in the second and third degrees; adds knowingly entering or remaining unlawfully in a vehicle with intent to commit a crime to burglary in the second or third degree.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S06504 Detail]

Download: New_York-2017-S06504-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6504
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 26, 2017
                                       ___________
        Introduced  by  Sens. KENNEDY, JACOBS -- 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 and
          third degrees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  140.20  of  the  penal law is amended to read as
     2  follows:
     3  § 140.20 Burglary in the third degree.
     4    A person is guilty of burglary in the third degree when  he  knowingly
     5  enters  or  remains  unlawfully  in a building or vehicle with intent to
     6  commit a crime therein.
     7    Burglary in the third degree is a class D felony.
     8    § 2. Section 140.25 of the penal law, paragraph (c) of  subdivision  1
     9  as  added  by chapter 791 of the laws of 1967, paragraph (d) of subdivi-
    10  sion 1 as amended by chapter 374 of the laws of 1973 and  subdivision  2
    11  as  amended  by  chapter  361 of the laws of 1981, is amended to read as
    12  follows:
    13  § 140.25 Burglary in the second degree.
    14    A person is guilty of burglary in the second degree when he  knowingly
    15  enters  or  remains  unlawfully  in a building or vehicle with intent to
    16  commit a crime therein, and when:
    17    1. In effecting entry or while in the building or vehicle, or in imme-
    18  diate flight therefrom, he or another participant in the crime:
    19    (a) Is armed with explosives or a deadly weapon; or
    20    (b) Causes physical injury to any person who is not a  participant  in
    21  the crime; or
    22    (c) Uses or threatens the immediate use of a dangerous instrument; or
    23    (d)  Displays  what  appears to be a pistol, revolver, rifle, shotgun,
    24  machine gun or other firearm; or
    25    2. The building is a dwelling.
    26    Burglary in the second degree is a class C felony.
    27    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11944-01-7