Assembly Bill A5454

                            
                    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

              

A. 5454                             2

COMMISSION OF SUCH CRIME OR OF IMMEDIATE FLIGHT THEREFROM, HE OR SHE  OR
ANOTHER PARTICIPANT IN SUCH CRIME:
  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.