Bill Text: NY S06660 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to burglary in the second degree; adds language where the building is a dwelling which, at the time of the commission of the crime, is occupied by a person who is not a participant in the crime to what constitutes burglary in the second degree.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-20 - RECOMMITTED TO RULES [S06660 Detail]

Download: New_York-2017-S06660-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6660
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 9, 2017
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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. Subdivision 2 of  section  140.25  of  the  penal  law,  as
     2  amended  by chapter 361 of the laws of 1981, is amended and a new subdi-
     3  vision 3 is added to read as follows:
     4    2. The building is a dwelling[.]; or
     5    3. The building is a dwelling which, at the time of the commission  of
     6  the  crime,  is  occupied  by  a  person who is not a participant in the
     7  crime.
     8    § 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
     9  as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
    10  follows:
    11    (b)  Class  C violent felony offenses: an attempt to commit any of the
    12  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    13  vated criminally negligent homicide as defined in section 125.11, aggra-
    14  vated  manslaughter  in  the second degree as defined in section 125.21,
    15  aggravated sexual abuse in the  second  degree  as  defined  in  section
    16  130.67, assault on a peace officer, police officer, fireman or emergency
    17  medical services professional as defined in section 120.08, assault on a
    18  judge as defined in section 120.09, gang assault in the second degree as
    19  defined  in section 120.06, strangulation in the first degree as defined
    20  in section 121.13, burglary in the second degree as defined in  subdivi-
    21  sions  one  and three of section 140.25, robbery in the second degree as
    22  defined in section 160.10, criminal possession of a weapon in the second
    23  degree as defined in section 265.03, criminal use of a  firearm  in  the
    24  second  degree  as defined in section 265.08, criminal sale of a firearm
    25  in the second degree as defined in section 265.12, criminal  sale  of  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05584-01-7
        S. 6660                             2
     1  firearm with the aid of a minor as defined in section 265.14, aggravated
     2  criminal possession of a weapon as defined in section 265.19, soliciting
     3  or  providing  support  for  an  act of terrorism in the first degree as
     4  defined  in  section  490.15,  hindering prosecution of terrorism in the
     5  second degree as defined in section 490.30, and criminal possession of a
     6  chemical weapon or biological weapon in the third degree as  defined  in
     7  section 490.37.
     8    § 3. This act shall take effect immediately.