A05454 Summary:

BILL NOA05454
 
SAME ASSAME AS S03924
 
SPONSORSpano (MS)
 
COSPNSRWeisenberg, Fields, Maisel, Christensen, Cusick, Carrozza, Clark, Zebrowski, Schimminger, Brook-Krasny, Lancman, Alessi, Galef, Koon, Colton, Reilly
 
MLTSPNSRAbbate, Englebright, Espaillat, Hyer-Spencer, Markey, Pretlow
 
Add Art 163 SS163.00 - 163.10, Pen L
 
Establishes the crimes of home invasion robbery in the first and second degrees; these new crimes differ from burglary in that the intent to commit a robbery of a person within their own home is present from the outset, and in many cases of home invasion, the perpetrator uses deception to gain entry to a dwelling.
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A05454 Actions:

BILL NOA05454
 
02/13/2009referred to codes
01/06/2010referred to codes
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A05454 Floor Votes:

There are no votes for this bill in this legislative session.
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A05454 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5454
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2009
                                       ___________
 
        Introduced  by  M. of A. SPANO, WEISENBERG, FIELDS, MAISEL, CHRISTENSEN,
          CUSICK, CARROZZA, CLARK, ZEBROWSKI, SCHIMMINGER,  BROOK-KRASNY,  LANC-
          MAN,  ALESSI,  GALEF,  KOON,  COLTON -- Multi-Sponsored by -- M. of A.
          ABBATE, EDDINGTON, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER, MARKEY, PRET-
          LOW, SEMINERIO -- read once and referred to the Committee on Codes
 

        AN ACT to amend the penal law, in relation to establishing   home  inva-
          sion robbery offenses
 
          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 a  new  article  163  to
     2  read as follows:
 
     3                                 ARTICLE 163
     4                            HOME INVASION ROBBERY
     5  Section 163.00 Home invasion robbery; defined.
     6          163.05 Home invasion robbery in the second degree.
     7          163.10 Home invasion robbery in the first degree.
     8  § 163.00 Home invasion robbery; defined.
     9    For  the  purposes  of this article, "home invasion robbery" means any
    10  robbery as defined in section 160.00 of this title that  occurs  when  a

    11  person  enters  a dwelling with the intent to commit a robbery, and does
    12  commit a robbery of the occupants therein.
    13  § 163.05 Home invasion robbery in the second degree.
    14    A person is guilty of home invasion robbery in the second degree  when
    15  he or she commits a home invasion robbery and is aided by another person
    16  actually present.
    17    Home invasion robbery in the second degree is a class C felony.
    18  § 163.10 Home invasion robbery in the first degree.
    19    A  person  is guilty of home invasion robbery in the first degree when
    20  he or she commits a home invasion robbery and when, in the course of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD06536-01-9

        A. 5454                             2
 
     1  commission of such crime or of immediate flight therefrom, he or she  or
     2  another participant in such crime:
     3    1.  Causes  serious physical injury to any person who is not a partic-
     4  ipant in such crime; or
     5    2. Is armed with a deadly weapon; or
     6    3. Uses or threatens the immediate use of a dangerous instrument; or
     7    4. Displays what appears to be a  pistol,  revolver,  rifle,  shotgun,
     8  machine  gun or other firearm; except that in any prosecution under this
     9  subdivision, it is an affirmative defense that  such  pistol,  revolver,
    10  rifle,  shotgun,  machine  gun  or other firearm was not a loaded weapon

    11  from which a shot, readily capable of producing death or  other  serious
    12  physical injury, could be discharged. Nothing contained in this subdivi-
    13  sion  shall  constitute  a  defense  to a prosecution for, or preclude a
    14  conviction of, home invasion robbery in the second degree or  any  other
    15  offense.
    16    Home invasion robbery in the first degree is a class B felony.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.
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