STATE OF NEW YORK
________________________________________________________________________
5081
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. LENTOL, STIRPE, PAULIN, LATIMER, ALFANO --
Multi-Sponsored by -- M. of A. BARRA -- 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, paragraph (a) as
20 amended by chapter 320 of the laws of 2006, paragraphs (c) and (d) as
21 amended by chapter 7 of the laws of 2007, is amended to read as follows:
22 1. Definition of a violent felony offense. A violent felony offense is
23 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.
LBD07487-01-9
A. 5081 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, incest in the first degree as defined in section 255.27, crimi-
19 nal possession of a weapon in the first degree as defined in section
20 265.04, criminal use of a firearm in the first degree as defined in
21 section 265.09, criminal sale of a firearm in the first degree as
22 defined in section 265.13, aggravated assault upon a police officer or a
23 peace officer as defined in section 120.11, gang assault in the first
24 degree as defined in section 120.07, intimidating a victim or witness in
25 the first degree as defined in section 215.17, hindering prosecution of
26 terrorism in the first degree as defined in section 490.35, criminal
27 possession of a chemical weapon or biological weapon in the second
28 degree as defined in section 490.40, and criminal use of a chemical
29 weapon or biological weapon in the third degree as defined in section
30 490.47.
31 (b) Class C violent felony offenses: an attempt to commit any of the
32 class B felonies set forth in paragraph (a); aggravated criminally
33 negligent homicide as defined in section 125.11, aggravated manslaughter
34 in the second degree as defined in section 125.21, aggravated sexual
35 abuse in the second degree as defined in section 130.67, assault on a
36 peace officer, police officer, fireman or emergency medical services
37 professional as defined in section 120.08, gang assault in the second
38 degree as defined in section 120.06, burglary in the second degree as
39 defined in section 140.25, home invasion in the second degree as defined
40 in section 140.50, robbery in the second degree as defined in section
41 160.10, criminal possession of a weapon in the second degree as defined
42 in section 265.03, criminal use of a firearm in the second degree as
43 defined in section 265.08, criminal sale of a firearm in the second
44 degree as defined in section 265.12, criminal sale of a firearm with the
45 aid of a minor as defined in section 265.14, soliciting or providing
46 support for an act of terrorism in the first degree as defined in
47 section 490.15, hindering prosecution of terrorism in the second degree
48 as defined in section 490.30, and criminal possession of a chemical
49 weapon or biological weapon in the third degree as defined in section
50 490.37.
51 (c) Class D violent felony offenses: an attempt to commit any of the
52 class C felonies set forth in paragraph (b); reckless assault of a child
53 as defined in section 120.02, assault in the second degree as defined in
54 section 120.05, menacing a police officer or peace officer as defined in
55 section 120.18, stalking in the first degree, as defined in subdivision
56 one of section 120.60, rape in the second degree as defined in section
A. 5081 3
1 130.30, criminal sexual act in the second degree as defined in section
2 130.45, sexual abuse in the first degree as defined in section 130.65,
3 course of sexual conduct against a child in the second degree as defined
4 in section 130.80, aggravated sexual abuse in the third degree as
5 defined in section 130.66, facilitating a sex offense with a controlled
6 substance as defined in section 130.90, home invasion in the third
7 degree as defined in section 140.45, criminal possession of a weapon in
8 the third degree as defined in subdivision five, six, seven or eight of
9 section 265.02, criminal sale of a firearm in the third degree as
10 defined in section 265.11, intimidating a victim or witness in the
11 second degree as defined in section 215.16, soliciting or providing
12 support for an act of terrorism in the second degree as defined in
13 section 490.10, and making a terroristic threat as defined in section
14 490.20, falsely reporting an incident in the first degree as defined in
15 section 240.60, placing a false bomb or hazardous substance in the first
16 degree as defined in section 240.62, placing a false bomb or hazardous
17 substance in a sports stadium or arena, mass transportation facility or
18 enclosed shopping mall as defined in section 240.63, and aggravated
19 unpermitted use of indoor pyrotechnics in the first degree as defined in
20 section 405.18.
21 (d) Class E violent felony offenses: an attempt to commit any of the
22 felonies of criminal possession of a weapon in the third degree as
23 defined in subdivision five, six, seven or eight of section 265.02 as a
24 lesser included offense of that section as defined in section 220.20 of
25 the criminal procedure law, persistent sexual abuse as defined in
26 section 130.53, aggravated sexual abuse in the fourth degree as defined
27 in section 130.65-a, falsely reporting an incident in the second degree
28 as defined in section 240.55 and placing a false bomb or hazardous
29 substance in the second degree as defined in section 240.61.
30 § 3. This act shall take effect on the first of November next succeed-
31 ing the date on which it shall have become a law.
