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.
STATE OF NEW YORK
________________________________________________________________________
6504
2017-2018 Regular Sessions
IN SENATE
May 26, 2017
___________
Introduced by Sens. KENNEDY, JACOBS -- 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 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
