Senate Bill S3586

2011-2012 Legislative Session

Increases the penalty for burglary in the second degree

download bill text pdf

Sponsored By

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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2011-S3586 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S554
2013-2014: S815

2011-S3586 (ACTIVE) - Summary

Increases the penalty for burglary in the second degree; includes within the offense entering a building while it is occupied.

2011-S3586 (ACTIVE) - Sponsor Memo

2011-S3586 (ACTIVE) - Bill Text download pdf

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

                                  3586

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

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.
                                                           LBD07524-01-1


              

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