senate Bill S1692

2013-2014 Legislative Session

Establishes home invasion robbery offenses

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

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S1692 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §70.02, add Art 163 §§163.00 - 163.15, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3205A
2009-2010: S3924

S1692 - Bill Texts

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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.

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BILL NUMBER:S1692

TITLE OF BILL: An act to amend the penal law, in relation to
establishing home invasion robbery offenses

PURPOSE OR GENERAL IDEA OF BILL: Serves as a deterrent to
perpetrators of home invasion robbery (HIR). Establishes the crimes
of home invasion robbery in the first and second degrees.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill defines the crime of HIR as any robbery that
occurs when a person enters a dwelling with the intent to commit a
robbery, and does commit a robbery of the occupants therein.

The bill defines HIR in the second degree as a class C felony, when a
person commits a home invasion robbery and he is aided by another
person actually present.

The bill defines HIR in the first degree as a class B felony, when a
person commits a home invasion robbery and when, in the course of the
commission of the crime or of immediate flight therefrom, he or
another participant in the crime: (1) causes serious physical injury
to any person who is not a participant in the 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.

Section two provides the effective date.

JUSTIFICATION: Incidents of home invasion robbery have been
increasing in New York State and are often mistaken for the crime of
burglary. Long island, in particular, has recently experienced a spike
in these crimes. Whereas burglars tend to avoid confronting the
victims and striking when the homeowner is away, perpetrators of home
invasion robbery consider confrontation a key element of their attack.
They often confront the residents directly with force, false pretense
or impersonation. They then attempt to restrain their victims in order
to steal the contents of the home. Individuals have the right to feel
safe in their own homes. This proposal warns potential home invaders
that this crime is considered much more serious than the crimes of
burglary and robbery, and will be prosecuted as such.

PRIOR LEGISLATIVE HISTORY: 2005-06: A.7934 Assembly Codes Committee
2007-08: Passed Senate/Assembly Codes Committee 2009-10: Referred to
Codes Committee 2011: Passed Senate 2012: Senate Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE:; This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

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

                                  1692

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  DeFRANCISCO,  GOLDEN, LARKIN, MARTINS,
  MAZIARZ -- 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. 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 148 of the  laws  of  2011,
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,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05662-01-3

S. 1692                             2

defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined  in  section  490.35,  criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10,  HOME
INVASION  ROBBERY  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 163.05,
criminal possession of a weapon in  the  second  degree  as  defined  in
section  265.03,  criminal  use  of  a  firearm  in the second degree as
defined in section 265.08, criminal sale of  a  firearm  in  the  second
degree as defined in section 265.12, criminal sale of a firearm with the
aid  of  a  minor  as defined in section 265.14, soliciting or providing
support for an act of terrorism  in  the  first  degree  as  defined  in
section  490.15, hindering prosecution of terrorism in the second degree
as defined in section 490.30, and  criminal  possession  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.37.
  S 2. 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.
        163.15 HOME INVASION ROBBERY; PROSECUTION.
S 163.00 HOME INVASION ROBBERY; DEFINED.
  FOR THE PURPOSES OF THIS ARTICLE:
  1.  "HOME  INVASION ROBBERY" MEANS TO KNOWINGLY ENTER OR REMAIN UNLAW-
FULLY IN A DWELLING WITH INTENT TO COMMIT A ROBBERY THEREIN,  AND  WHEN,
(A)  WHILE  IN  EFFECTING ENTRY OR WHILE IN THE DWELLING OR IN IMMEDIATE
FLIGHT THEREFROM OR AS A DIRECT RESULT OF THE ENTRY INTO SUCH DWELLING A
PERSON COMMITS ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED SIXTY OF  THIS
TITLE AND (B) WHILE IN THE COURSE OF COMMITTING SUCH OFFENSE SUCH PERSON
COMMITS  ANY  OFFENSE DEFINED IN TITLE H OF THIS CHAPTER AGAINST ANOTHER
PERSON WHO IS NOT A PARTICIPANT IN THE HOME INVASION ROBBERY.
  2. "DWELLING" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED  IN
SUBDIVISION THREE OF SECTION 140.00 OF THIS PART.
  3.  "ENTER  OR  REMAIN UNLAWFULLY" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN SUBDIVISION FIVE OF SECTION 140.00 OF THIS PART.
  4. "ROBBERY" MEANS FORCIBLE STEALING AS DEFINED IN SECTION  160.00  OF
THIS TITLE.

S. 1692                             3

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.
  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
  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 163.15 HOME INVASION ROBBERY; PROSECUTION.
  IN ANY PROSECUTION OF AN OFFENSE DEFINED IN THIS ARTICLE, NO PROVISION
OF THE CHAPTER SHALL PRECLUDE OR  PROHIBIT  PROSECUTION  FOR  ANY  OTHER
OFFENSE NOT DEFINED IN THIS ARTICLE WHICH OCCURRED DURING THE SAME TRAN-
SACTION  OR  OCCURRENCE  AS  THE  OFFENSE  COMMITTED IN VIOLATION OF THE
PROVISIONS OF THIS ARTICLE.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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