S815-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S815-2013 Memo

BILL NUMBER:S815

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.

S815-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          815
 2013-2014 Regular Sessions
 I N  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

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