•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

A03952 Summary:

BILL NOA03952
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSRPaulin
 
MLTSPNSR
 
Add 140.45, 140.50 & 140.55, amd 70.02, Pen L
 
Establishes the crimes of home invasion in the first, second, and third degrees.
Go to top

A03952 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3952
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by  M. of A. LENTOL, PAULIN -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the crime  of
          home invasion
 
          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  three  new  sections
     2  140.45, 140.50 and 140.55 to read as follows:
     3  § 140.45 Home invasion in the third degree.
     4    A person is guilty of home invasion in the third degree when he or she
     5  commits  the  crime  of  burglary in the third degree and also commits a
     6  violent act during the commission of such crime.
     7    Home invasion in the third degree is a class D felony.
     8  § 140.50 Home invasion in the second degree.
     9    A person is guilty of home invasion in the second degree  when  he  or
    10  she  commits the crime of burglary in the second degree and also commits
    11  a violent act during the commission of such crime.
    12    Home invasion in the second degree is a class C felony.
    13  § 140.55 Home invasion in the first degree.
    14    A person is guilty of home invasion in the first degree when he or she
    15  commits the crime of burglary in the first degree  and  also  commits  a
    16  violent act during the commission of such crime.
    17    Home invasion in the first degree is a class B felony.
    18    §  2.  Subdivision  1 of section 70.02 of the penal law, as separately
    19  amended by chapters 764 and 765 of the laws of 2005, paragraphs (a)  and
    20  (c)  as  amended  by  chapter  368 of the laws of 2015, paragraph (b) as
    21  amended by chapter 1 of the laws of 2013, and paragraph (d)  as  amended
    22  by chapter 7 of the laws of 2007, is amended to read as follows:
    23    1. Definition of a violent felony offense. A violent felony offense is
    24  a  class  B  violent felony offense, a class C violent felony offense, a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03979-01-7

        A. 3952                             2
 
     1  class D violent felony offense, or a class  E  violent  felony  offense,
     2  defined as follows:
     3    (a)  Class  B  violent felony offenses: an attempt to commit the class
     4  A-I felonies of murder in  the  second  degree  as  defined  in  section
     5  125.25, kidnapping in the first degree as defined in section 135.25, and
     6  arson  in the first degree as defined in section 150.20; manslaughter in
     7  the first degree as defined in section 125.20,  aggravated  manslaughter
     8  in  the  first  degree  as  defined in section 125.22, rape in the first
     9  degree as defined in section 130.35, criminal sexual act  in  the  first
    10  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    11  first degree as defined in section  130.70,  course  of  sexual  conduct
    12  against  a  child  in  the  first  degree  as defined in section 130.75;
    13  assault in the first degree as defined in section 120.10, kidnapping  in
    14  the  second  degree  as defined in section 135.20, burglary in the first
    15  degree as defined in section 140.30, home invasion in the  first  degree
    16  as  defined  in section 140.55, arson in the second degree as defined in
    17  section 150.15, robbery in  the  first  degree  as  defined  in  section
    18  160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
    19  sion  five  of  section 230.34, incest in the first degree as defined in
    20  section 255.27, criminal possession of a weapon in the first  degree  as
    21  defined in section 265.04, criminal use of a firearm in the first degree
    22  as  defined  in  section 265.09, criminal sale of a firearm in the first
    23  degree as defined in section 265.13, aggravated assault  upon  a  police
    24  officer or a peace officer as defined in section 120.11, gang assault in
    25  the  first degree as defined in section 120.07, intimidating a victim or
    26  witness in the first degree as  defined  in  section  215.17,  hindering
    27  prosecution  of  terrorism  in  the  first  degree as defined in section
    28  490.35, criminal possession of a chemical weapon or biological weapon in
    29  the second degree as defined in section 490.40, and criminal  use  of  a
    30  chemical  weapon  or biological weapon in the third degree as defined in
    31  section 490.47.
    32    (b) Class C violent felony offenses: an attempt to commit any  of  the
    33  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    34  vated criminally negligent homicide as defined in section 125.11, aggra-
    35  vated manslaughter in the second degree as defined  in  section  125.21,
    36  aggravated  sexual  abuse  in  the  second  degree as defined in section
    37  130.67, assault on a peace officer, police officer, fireman or emergency
    38  medical services professional as defined in section 120.08, assault on a
    39  judge as defined in section 120.09, gang assault in the second degree as
    40  defined in section 120.06, strangulation in the first degree as  defined
    41  in  section  121.13, burglary in the second degree as defined in section
    42  140.25, home invasion in the second degree as defined in section 140.50,
    43  robbery in the second degree as  defined  in  section  160.10,  criminal
    44  possession  of  a  weapon  in  the  second  degree as defined in section
    45  265.03, criminal use of a firearm in the second  degree  as  defined  in
    46  section  265.08,  criminal  sale  of  a  firearm in the second degree as
    47  defined in section 265.12, criminal sale of a firearm with the aid of  a
    48  minor  as defined in section 265.14, aggravated criminal possession of a
    49  weapon as defined in section 265.19, soliciting or providing support for
    50  an act of terrorism in the first degree as defined  in  section  490.15,
    51  hindering  prosecution  of  terrorism in the second degree as defined in
    52  section 490.30, and criminal possession of a chemical weapon or  biolog-
    53  ical weapon in the third degree as defined in section 490.37.
    54    (c)  Class  D violent felony offenses: an attempt to commit any of the
    55  class C felonies set forth in paragraph (b); reckless assault of a child
    56  as defined in section 120.02, assault in the second degree as defined in

        A. 3952                             3

     1  section 120.05, menacing a police officer or peace officer as defined in
     2  section 120.18, stalking in the first degree, as defined in  subdivision
     3  one  of section 120.60, strangulation in the second degree as defined in
     4  section  121.12, rape in the second degree as defined in section 130.30,
     5  criminal sexual act in the second degree as defined in  section  130.45,
     6  sexual abuse in the first degree as defined in section 130.65, course of
     7  sexual  conduct  against  a  child  in  the  second degree as defined in
     8  section 130.80, aggravated sexual abuse in the third degree  as  defined
     9  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    10  substance as defined in section 130.90, labor trafficking as defined  in
    11  paragraphs  (a)  and  (b)  of  subdivision three of section 135.35, home
    12  invasion in the third degree as  defined  in  section  140.45,  criminal
    13  possession  of  a  weapon  in the third degree as defined in subdivision
    14  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    15  a firearm in the third degree as defined in section 265.11, intimidating
    16  a victim or witness in the second degree as defined in  section  215.16,
    17  soliciting  or  providing  support for an act of terrorism in the second
    18  degree as defined in section 490.10, and making a terroristic threat  as
    19  defined  in  section  490.20, falsely reporting an incident in the first
    20  degree as defined in section 240.60, placing a false bomb  or  hazardous
    21  substance  in  the  first degree as defined in section 240.62, placing a
    22  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    23  transportation  facility or enclosed shopping mall as defined in section
    24  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    25  first degree as defined in section 405.18.
    26    (d)  Class  E violent felony offenses: an attempt to commit any of the
    27  felonies of criminal possession of a  weapon  in  the  third  degree  as
    28  defined  in subdivision five, six, seven or eight of section 265.02 as a
    29  lesser included offense of that section as defined in section 220.20  of
    30  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
    31  section 130.53, aggravated sexual abuse in the fourth degree as  defined
    32  in  section 130.65-a, falsely reporting an incident in the second degree
    33  as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
    34  substance in the second degree as defined in section 240.61.
    35    § 3. This act shall take effect on the first of November next succeed-
    36  ing the date on which it shall have become a law.
Go to top