Elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy.
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