senate Bill S5964A

2013-2014 Legislative Session

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree

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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
Apr 04, 2014 print number 5964a
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
Oct 23, 2013 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

S5964 - Bill Details

See Assembly Version of this Bill:
A8399A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§140.10, 140.15 & 140.17, add §140.16, Pen L

S5964 - Bill Texts

view summary

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree.

view sponsor memo
BILL NUMBER:S5964

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of criminal trespass in the first degree

PURPOSE:

This bill increases the penalties for people that violate criminal
trespass and engage in deviate activities.

SUMMARY OF PROVISIONS:

Section 1. 140.17 of the penal law is amended by adding a new
subdivision 4 to read as follows:

4. Engages is any activity that is prohibited under article one
hundred thirty, two hundred forty-five, or two hundred sixty-three of
this chapter.

This act to take effect immediately.

EXISTING LAW:

There is no current statute to cover this type of offense.

JUSTIFICATION:

The statute currently allows for criminals to be prosecuted for
trespassing but other activities that would normally be considered
criminal, because of where these activities took place, cannot be
prosecuted. Example: A middle aged woman was home making dinner for
her son. When she turned around and walked into her dining room, she
found her 40 year old neighbor masturbating. She screamed and he ran
out of the house. She also ran out of the house to her other
neighbor's home. That neighbor called the police and they came to
arrest the individual. When she and her husband went to press charges
they were told that trespass was all they could charge him with. She
was unable to press any sexual assault charges because it happened
inside her home. If it had happened on her front lawn the individual
would have been charged with sexual assault, and lewdness or indecent
exposure violations. Unfortunately that was not the case. The
individual was charged with simple trespass and set free. He has since
stalked her and harassed her. Unfortunately the police have been
unable catch him in the act. This bill will address the problem by
expanding penalties for people that violate criminal trespass and
engage in deviate behavior.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 23, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
  trespass in the first degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 140.17 of the penal law is amended by adding a  new
subdivision 4 to read as follows:
  4.  ENGAGES  IN  ANY  ACTIVITY  THAT  IS  PROHIBITED UNDER ARTICLE ONE
HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, OR TWO  HUNDRED  SIXTY-THREE  OF
THIS CHAPTER.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11662-01-3

S5964A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8399A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§140.10, 140.15 & 140.17, add §140.16, Pen L

S5964A (ACTIVE) - Bill Texts

view summary

Relates to criminal trespass and establishes the crime of criminal trespass in the second degree.

view sponsor memo
BILL NUMBER:S5964A

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of criminal trespass

PURPOSE:

This bill increases the penalties for people that violate criminal
trespass and engage in deviate activities.

SUMMARY OF PROVISIONS:

Section 1. The section heading of section 140.10 of the penal law, as
amended by chapter 192 of the laws of 1987, is amended to read as
follows: Criminal trespass in the fourth degree.

§ 2. The section heading of section 140.15 of the penal law, as
amended by chapter 315 of the laws of 2010, is amended to read as
follows: Criminal trespass in the third degree.

§ 3. The penal law, is amended by adding a new section 140.16 to read
as follows:

§ 140.16 Criminal Trespass in the second degree.

A person is guilty of criminal trespass in the second degree when:

1. he or she knowingly enters and/or remains unlawfully in a dwelling;
and

2. Intentionally exposes the private or intimate parts of his or her
body in a lewd manner or commits any other lewd act in a private
premises under circumstances in which he or she may readily be
observed from either a public place or from others on or in the
private premises, and with intent that he or she be so observed.

Criminal trespass in the second degree is a class D felony.

§ 4. The closing paragraph of section 140.17 of the penal law, as
added by chapter 341 of the laws of 1969, is amended to read as
follows:

Criminal trespass in the first degree is a class C felony

§ 5. This act to take effect immediately.

EXISTING LAW:

There is no current statute to cover this type of offense.

JUSTIFICATION:

The statute currently allows for criminals to be prosecuted for
trespassing but other activities that would normally be considered
criminal, because of where these activities took place, cannot be
prosecuted. Example: A middle aged woman was home making dinner for
her son. When she turned around and walked into her dining room, she


found her 40 year old neighbor masturbating. She screamed and he ran
out of the house. She also ran out of the house to her other
neighbor's home. That neighbor called the police and they came to
arrest the individual. When she and her husband went to press charges
they were told that trespass was all they could charge him with. She
was unable to press any sexual assault charges because it happened
inside her home. If it had happened on her front lawn the individual
would have been charged with sexual assault, and lewdness or indecent
exposure violations. Unfortunately that was not the case. The
individual was charged with simple trespass and set free. He has since
stalked her and harassed her. Unfortunately the police have been
unable catch him in the act. This bill will address the problem by
expanding penalties for people that violate criminal trespass and
engage in deviate behavior.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to New York State.

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5964--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 23, 2013
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal law, in relation to the crime of criminal
  trespass

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The section heading of section 140.10 of the penal law, as
amended  by  chapter  192  of  the  laws  of 1987, is amended to read as
follows:
  Criminal trespass in the [third] FOURTH degree.
  S 2. The section heading of  section  140.15  of  the  penal  law,  as
amended  by  chapter  315  of  the  laws  of 2010, is amended to read as
follows:
  Criminal trespass in the [second] THIRD degree.
  S 3. The penal law is amended by adding a new section 140.16  to  read
as follows:
S 140.16 CRIMINAL TRESPASS IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CRIMINAL TRESPASS IN THE SECOND DEGREE WHEN:
  1. HE OR SHE KNOWINGLY ENTERS OR REMAINS UNLAWFULLY IN A DWELLING; AND
  2.  INTENTIONALLY  EXPOSES THE PRIVATE OR INTIMATE PARTS OF HIS OR HER
BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD ACT IN A  PRIVATE  PREM-
ISES UNDER CIRCUMSTANCES IN WHICH HE OR SHE MAY READILY BE OBSERVED FROM
EITHER  A PUBLIC PLACE OR FROM OTHERS ON OR IN THE PRIVATE PREMISES, AND
WITH INTENT THAT HE OR SHE BE SO OBSERVED.
  CRIMINAL TRESPASS IN THE SECOND DEGREE IS A CLASS D FELONY.
  S 4. The closing paragraph of section 140.17  of  the  penal  law,  as
added by chapter 341 of the laws of 1969, is amended to read as follows:
  Criminal trespass in the first degree is a class [D] C felony.
  S 5. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11662-02-4

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