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A08478 Summary:

BILL NOA08478
 
SAME ASSAME AS S06504
 
SPONSORLavine
 
COSPNSRKearns
 
MLTSPNSR
 
Amd 140.20 & 140.25, Pen L
 
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.
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A08478 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8478
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 16, 2017
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred 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
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