senate Bill S3205A

2011-2012 Legislative Session

Establishes home invasion robbery offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 20, 2011 referred to codes
returned to assembly
repassed senate
Jun 17, 2011 amended on third reading 3205a
vote reconsidered - restored to third reading
Jun 17, 2011 recalled from assembly
returned to senate
recalled from assembly
Apr 06, 2011 referred to codes
Apr 05, 2011 delivered to assembly
passed senate
Mar 21, 2011 advanced to third reading
Mar 16, 2011 2nd report cal.
Mar 15, 2011 1st report cal.227
Feb 11, 2011 referred to codes

Co-Sponsors

S3205 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.02, add Art 163 §§163.00 - 163.15, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3924

S3205 - Summary

Establishes the crimes of home invasion robbery in the first and second degrees for the unlawful entry of or remaining in a dwelling with intent to commit a robbery, and during the course thereof the defendant commits a robbery and any offense against the person who is not a participant in the crime; designates such offenses as violent felony offenses.

S3205 - Sponsor Memo

S3205 - Bill Text download pdf

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

                                  3205

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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:
  1.  CAUSES  SERIOUS PHYSICAL INJURY TO ANY PERSON WHO IS NOT A PARTIC-
IPANT IN SUCH CRIME; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07847-01-1

Co-Sponsors

view additional co-sponsors

S3205A (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §70.02, add Art 163 §§163.00 - 163.15, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3924

S3205A (ACTIVE) - Summary

Establishes the crimes of home invasion robbery in the first and second degrees for the unlawful entry of or remaining in a dwelling with intent to commit a robbery, and during the course thereof the defendant commits a robbery and any offense against the person who is not a participant in the crime; designates such offenses as violent felony offenses.

S3205A (ACTIVE) - Sponsor Memo

S3205A (ACTIVE) - Bill Text download pdf

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

                                 3205--A
    Cal. No. 227

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced by Sens. FLANAGAN, AVELLA, MARTINS, OPPENHEIMER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

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. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 405 of the  laws  of  2010,
are amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, HOME INVASION ROBBERY IN THE FIRST DEGREE AS DEFINED  IN
SECTION 163.10, incest in the first degree as defined in section 255.27,

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

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