NY State Senate Bill 2009-S3924

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 06, 2009	referred to codes

co-Sponsors

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2009-S3924 (ACTIVE) - Details

See Assembly Version of this Bill:: A5454
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add Art 163 §§163.00 - 163.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3205, A3098
2013-2014: S1692
2015-2016: S2091

2009-S3924 (ACTIVE) - Summary

Establishes the crimes of home invasion robbery in the first, second and third degrees; these new crimes differ from burglary in that the intent to commit a robbery of a person within their own home is present from the outset, and in many cases of home invasion, the perpetrator uses deception to gain entry to a dwelling.

2009-S3924 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3924

 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 :

2005-2006: A.7934 Assembly Codes Committee.
2007-08:   Passed Senate/Assembly 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.

2009-S3924 (ACTIVE) - Bill Text download pdf

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

                                  3924

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 6, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, ALESI, LARKIN, MAZIARZ, MORAHAN, RANZEN-
  HOFER, SEWARD, VOLKER, WINNER -- 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 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.  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.
S 163.00 HOME INVASION ROBBERY; DEFINED.
  FOR THE PURPOSES OF THIS ARTICLE, "HOME INVASION  ROBBERY"  MEANS  ANY
ROBBERY  AS  DEFINED  IN SECTION 160.00 OF THIS TITLE THAT OCCURS WHEN A
PERSON ENTERS A DWELLING WITH THE INTENT TO COMMIT A ROBBERY,  AND  DOES
COMMIT A ROBBERY OF THE OCCUPANTS THEREIN.
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 AND IS AIDED BY ANOTHER PERSON
ACTUALLY PRESENT.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06536-01-9

S. 3924                             2

  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 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S3924

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S3924 (ACTIVE) - Details

2009-S3924 (ACTIVE) - Summary

2009-S3924 (ACTIVE) - Sponsor Memo

2009-S3924 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3924

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S3924 (ACTIVE) - Details

2009-S3924 (ACTIVE) - Summary

2009-S3924 (ACTIVE) - Sponsor Memo

2009-S3924 (ACTIVE) - Bill Text download pdf

Comments