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 Codes Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 28, 2011 referred to codes

S3586 - Details

Law Section:
Penal Law
Laws Affected:
Amd §140.25, Pen L
Versions Introduced in 2009-2010 Legislative Session:

S3586 - Summary

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

S3586 - Sponsor Memo

S3586 - Bill Text download pdf

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


                       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


  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
  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.


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