Assembly Bill A5454

2009-2010 Legislative Session

Establishes home invasion robbery offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A5454 (ACTIVE) - Details

See Senate Version of this Bill:
S3924
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 163 §§163.00 - 163.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3098, S3205
2013-2014: S1692
2015-2016: S2091

2009-A5454 (ACTIVE) - Summary

Establishes the crimes of home invasion robbery in the first and second 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-A5454 (ACTIVE) - Bill Text download pdf 

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

                                  5454

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. SPANO, WEISENBERG, FIELDS, MAISEL, CHRISTENSEN,
  CUSICK, CARROZZA, CLARK, ZEBROWSKI, SCHIMMINGER,  BROOK-KRASNY,  LANC-
  MAN,  ALESSI,  GALEF,  KOON,  COLTON -- Multi-Sponsored by -- M. of A.
  ABBATE, EDDINGTON, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER, MARKEY, PRET-
  LOW, SEMINERIO -- read once and referred 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

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

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