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.
STATE OF NEW YORK
________________________________________________________________________
2177
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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 476 of the laws of 2018, 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, firefighter or emer-
17 gency medical services professional as defined in section 120.08,
18 assault on a judge as defined in section 120.09, gang assault in the
19 second degree as defined in section 120.06, strangulation in the first
20 degree as defined in section 121.13, burglary in the second degree as
21 defined in subdivisions one and three of section 140.25, robbery in the
22 second degree as defined in section 160.10, criminal possession of a
23 weapon in the second degree as defined in section 265.03, criminal use
24 of a firearm in the second degree as defined in section 265.08, criminal
25 sale of a firearm in the second degree as defined in section 265.12,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04439-03-9
S. 2177 2
1 criminal sale of a firearm with the aid of a minor as defined in section
2 265.14, aggravated criminal possession of a weapon as defined in section
3 265.19, soliciting or providing support for an act of terrorism in the
4 first degree as defined in section 490.15, hindering prosecution of
5 terrorism in the second degree as defined in section 490.30, and crimi-
6 nal possession of a chemical weapon or biological weapon in the third
7 degree as defined in section 490.37.
8 § 3. This act shall take effect immediately.
