Bill Text: NY S06586 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes premises used as a farm operation within the crime of burglary in the second degree.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S06586 Detail]

Download: New_York-2023-S06586-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6586

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 27, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  subdi-
     4  vision  2  as  amended by chapter 361 of the laws of 1981, is amended to
     5  read as follows:
     6  § 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] or upon a prem-
     9  ises with intent to commit a crime therein, and when:
    10    1. In effecting entry onto the premises or while in [the]  a  building
    11  or  in  immediate  flight therefrom, he or she or another participant in
    12  the crime:
    13    (a) Is armed with explosives or a deadly weapon; or
    14    (b) Causes physical injury to any person who is not a  participant  in
    15  the crime; or
    16    (c) Uses or threatens the immediate use of a dangerous instrument; or
    17    (d)  Displays  what  appears to be a pistol, revolver, rifle, shotgun,
    18  machine gun or other firearm; or
    19    2. The premises is a building that is a dwelling; or
    20    3. The premises is real property used as a farm operation  as  defined
    21  in  subdivision  eleven  of section three hundred one of the agriculture
    22  and markets law.
    23    Burglary in the second degree is a class C felony.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11000-01-3