Increases the penalty for burglary in the second degree; includes within the offense entering a building while it is occupied.

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S3586-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 28, 2011: REFERRED TO CODES

S3586-2011 Memo

BILL NUMBER:S3586

TITLE OF BILL:
An act
to amend the penal law, in relation to burglary in the second degree

PURPOSE:
The purpose of this bill is to increase the penalty for burglary in
the second degree when he/she enters the property with intention to
burglarize while there is someone physically the building or in the
dwelling.

SUMMARY OF PROVISIONS:
This bill intends to increase the penalty for � 140.25 burglary in the
second degree or a class B felony as stated by New York State Penal
Law.
A person is guilty of burglary in the second degree when he/she
knowingly enters or remains unlawfully in a building with intent to
commit a crime therein, and when the building is occupied or the
building is a dwelling.

EXISTING LAW:
New law.

JUSTIFICATION:
When some one enters a building that is occupied or a dwelling with
the intention to burglarize it, the chances of risk or harm to those
people that are present at the time are a great deal higher. Most of
time people act out of fear of being caught. Most victimization
occurs because the perpetrator feels those present are a witness to
their crime and therefore a threat to them. By increasing the penalty
that is mandated by burglary in the second degree or a class B
felony, burglars would be deterred by the heavy sanctions that are
mandated for such crimes. This would eventually cause a decrease in
burglaries in New York State.

PRIOR LEGISLATIVE HISTORY:
S.554 (2010) Held in Codes
S.7036 Referred to Codes 06/17/08

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the 90th day after it shall have become law.

S3586-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3586

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 28, 2011
                                 ___________

  Introduced  by  Sen.  ADAMS  -- 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:


    Section 1. Section 140.25 of the penal law, paragraph (c) of  subdivi-
  sion  1  as  added  by chapter 791 of the laws of 1967, paragraph (d) of
  subdivision 1 as amended by chapter 374 of the laws of 1973 and subdivi-
  sion 2 as amended by chapter 361 of the laws of 1981, is amended to read
  as follows:

  S 140.25 Burglary in the second degree.
    A person is guilty of burglary in the second degree  when  he  OR  SHE
  knowingly  enters  or  remains  unlawfully  in a building with intent to
  commit a crime therein, and when:

    1. In effecting entry or while in the building or in immediate  flight
  therefrom, he OR SHE or another participant in the crime:

    (a) Is armed with explosives or a deadly weapon; or
    (b)  Causes  physical injury to any person who is not a participant in
  the crime; or
    (c) Uses or threatens the immediate use of a dangerous instrument; or
    (d) Displays what appears to be a pistol,  revolver,  rifle,  shotgun,
  machine gun or other firearm; or
    (E) THE BUILDING IS OCCUPIED; OR
    2. The building is a dwelling.
    Burglary in the second degree is a class [C] B felony.
    S  2.  This  act shall take effect on the ninetieth day after it shall
  have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07524-01-1