Actions

Text

STATE OF NEW YORK
________________________________________________________________________

9862

IN ASSEMBLY

April 18, 2012
___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in  relation  to  criminal  trespass  and
  burglary upon the premises of a pharmacy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 140.00 of the penal law is amended by adding a  new
subdivision 6 to read as follows:
  6.  "PHARMACY" MEANS THAT AREA WITHIN A BUILDING AT WHICH THE PRACTICE
OF THE PROFESSION OF PHARMACY  IS  CONDUCTED  PURSUANT  TO  ARTICLE  ONE
HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW.
  S  2.  Subdivision 1 of section 140.15 of the penal law, as amended by
chapter 315 of the laws of 2010, is amended to read as follows:
  1. he or she knowingly enters or remains unlawfully in a dwelling OR A
PHARMACY; or
  S 3.  Subdivision 2 of section 140.25 of the penal law, as amended  by
chapter 361 of the laws of 1981, is amended to read as follows:
  2.  The building is a dwelling, OR THE PORTION OF THE BUILDING THAT IS
A PHARMACY.
  S 4. The opening paragraph of section 140.30  of  the  penal  law,  as
amended  by  chapter  361  of  the  laws  of 1981, is amended to read as
follows:
  A person is guilty of burglary in the first  degree  when  he  OR  SHE
knowingly  enters or remains unlawfully in a dwelling OR A PHARMACY with
intent to commit a crime therein, and when, in effecting entry or  while
in  the  dwelling or in immediate flight therefrom, he OR SHE or another
participant in the crime:
  S 5.   This act shall take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14673-01-2