Increases the penalty for burglary in the second degree; includes within the offense entering a building while it is occupied.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Montgomery
Excused (1): Sampson
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.3586 2011-12 - Held in Codes 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.
STATE OF NEW YORK ________________________________________________________________________ 815 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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. LBD04544-01-3