Bill S3205A-2011

Establishes home invasion robbery offenses

Establishes the crimes of home invasion robbery in the first and second degrees for the unlawful entry of or remaining in a dwelling with intent to commit a robbery, and during the course thereof the defendant commits a robbery and any offense against the person who is not a participant in the crime; designates such offenses as violent felony offenses.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 20, 2011: referred to codes
  • Jun 20, 2011: RETURNED TO ASSEMBLY
  • Jun 20, 2011: REPASSED SENATE
  • Jun 17, 2011: AMENDED ON THIRD READING 3205A
  • Jun 17, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 17, 2011: RECALLED FROM ASSEMBLY
  • Jun 17, 2011: returned to senate
  • Jun 17, 2011: RECALLED FROM ASSEMBLY
  • Apr 6, 2011: referred to codes
  • Apr 5, 2011: DELIVERED TO ASSEMBLY
  • Apr 5, 2011: PASSED SENATE
  • Mar 21, 2011: ADVANCED TO THIRD READING
  • Mar 16, 2011: 2ND REPORT CAL.
  • Mar 15, 2011: 1ST REPORT CAL.227
  • Feb 11, 2011: REFERRED TO CODES

Calendars

Votes

Memo

BILL NUMBER:S3205A

TITLE OF BILL: An act to amend the penal law, in relation to establishing home invasion robbery offenses

PURPOSE OR GENERAL IDEA OF BILL: Serves as a deterrent to perpetrators of home invasion robbery (HIR). Establishes the crimes of home invasion robbery in the first and second degrees.

SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill defines the crime of HIR as any robbery that occurs when a person enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

The bill defines HIR in the second degree as a class C felony, when a person commits a home invasion robbery and he is aided by another person actually present.

The bill defines HIR in the first degree as a class B felony, when a person commits a home invasion robbery and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (1) causes serious physical injury to any person who is not a participant in the crime; or (2) is armed with a deadly weapon; or (3) uses or threatens the immediate use of a dangerous instrument; or (4) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Section two provides the effective date.

JUSTIFICATION: Incidents of home invasion robbery have been increasing in New York State and are often mistaken for the crime of burglary. Long Island, in particular, has recently experienced a spike in these crimes. Whereas burglars tend to avoid confronting the victims and striking when the homeowner is away, perpetrators of home invasion robbery consider confrontation a key element of their attack. They often confront the residents directly with force, false pretense or impersonation. They then attempt to restrain their victims in order to steal the contents of the home. Individuals have the right to feel safe in their own homes. This proposal warns potential home invaders that this crime is considered much more serious than the crimes of burglary and robbery, and will be prosecuted as such.

PRIOR LEGISLATIVE HISTORY: 2005-06: A.7934 Assembly Codes Committee 2007-08: Passed Senate/Assembly Codes Committee 2009-10: Referred to Codes Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3205--A Cal. No. 227 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________
Introduced by Sens. FLANAGAN, AVELLA, MARTINS, OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 405 of the laws of 2010, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, HOME INVASION ROBBERY IN THE FIRST DEGREE AS DEFINED IN SECTION 163.10, incest in the first degree as defined in section 255.27,
criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, HOME INVASION ROBBERY IN THE SECOND DEGREE AS DEFINED IN SECTION 163.05, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemi- cal weapon or biological weapon in the third degree as defined in section 490.37. S 2. The penal law is amended by adding a new article 163 to read as follows: ARTICLE 163 HOME INVASION ROBBERY SECTION 163.00 HOME INVASION ROBBERY; DEFINED. 163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE. 163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE. 163.15 HOME INVASION ROBBERY; PROSECUTION. S 163.00 HOME INVASION ROBBERY; DEFINED. FOR THE PURPOSES OF THIS ARTICLE: 1. "HOME INVASION ROBBERY" MEANS TO KNOWINGLY ENTER OR REMAIN UNLAW- FULLY IN A DWELLING WITH INTENT TO COMMIT A ROBBERY THEREIN, AND WHEN, (A) WHILE IN EFFECTING ENTRY OR WHILE IN THE DWELLING OR IN IMMEDIATE FLIGHT THEREFROM OR AS A DIRECT RESULT OF THE ENTRY INTO SUCH DWELLING A PERSON COMMITS ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED SIXTY OF THIS TITLE AND (B) WHILE IN THE COURSE OF COMMITTING SUCH OFFENSE SUCH PERSON COMMITS ANY OFFENSE DEFINED IN TITLE H OF THIS CHAPTER AGAINST ANOTHER PERSON WHO IS NOT A PARTICIPANT IN THE HOME INVASION ROBBERY. 2. "DWELLING" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION 140.00 OF THIS PART. 3. "ENTER OR REMAIN UNLAWFULLY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION FIVE OF SECTION 140.00 OF THIS PART.
4. "ROBBERY" MEANS FORCIBLE STEALING AS DEFINED IN SECTION 160.00 OF THIS TITLE. S 163.05 HOME INVASION ROBBERY IN THE SECOND DEGREE. A PERSON IS GUILTY OF HOME INVASION ROBBERY IN THE SECOND DEGREE WHEN HE OR SHE COMMITS A HOME INVASION ROBBERY. HOME INVASION ROBBERY IN THE SECOND DEGREE IS A CLASS C FELONY. S 163.10 HOME INVASION ROBBERY IN THE FIRST DEGREE. A PERSON IS GUILTY OF HOME INVASION ROBBERY IN THE FIRST DEGREE WHEN HE OR SHE COMMITS A HOME INVASION ROBBERY AND WHEN, IN THE COURSE OF THE COMMISSION OF SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR SHE OR ANOTHER PARTICIPANT IN SUCH CRIME: 1. CAUSES SERIOUS PHYSICAL INJURY TO ANY PERSON WHO IS NOT A PARTIC- IPANT IN SUCH CRIME; OR 2. IS ARMED WITH A DEADLY WEAPON; OR 3. USES OR THREATENS THE IMMEDIATE USE OF A DANGEROUS INSTRUMENT; OR 4. DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM; EXCEPT THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION, IT IS AN AFFIRMATIVE DEFENSE THAT SUCH PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM WAS NOT A LOADED WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS PHYSICAL INJURY, COULD BE DISCHARGED. NOTHING CONTAINED IN THIS SUBDIVI- SION SHALL CONSTITUTE A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A CONVICTION OF, HOME INVASION ROBBERY IN THE SECOND DEGREE OR ANY OTHER OFFENSE. HOME INVASION ROBBERY IN THE FIRST DEGREE IS A CLASS B FELONY. S 163.15 HOME INVASION ROBBERY; PROSECUTION. IN ANY PROSECUTION OF AN OFFENSE DEFINED IN THIS ARTICLE, NO PROVISION OF THE CHAPTER SHALL PRECLUDE OR PROHIBIT PROSECUTION FOR ANY OTHER OFFENSE NOT DEFINED IN THIS ARTICLE WHICH OCCURRED DURING THE SAME TRAN- SACTION OR OCCURRENCE AS THE OFFENSE COMMITTED IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus