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

                                  2959

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. LENTOL, PAULIN -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  home invasion

  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  three  new  sections
140.45, 140.50 and 140.55 to read as follows:
S 140.45 HOME INVASION IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF HOME INVASION IN THE THIRD DEGREE WHEN HE OR SHE
COMMITS  THE  CRIME  OF  BURGLARY IN THE THIRD DEGREE AND ALSO COMMITS A
VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
  HOME INVASION IN THE THIRD DEGREE IS A CLASS D FELONY.
S 140.50 HOME INVASION IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF HOME INVASION IN THE SECOND DEGREE  WHEN  HE  OR
SHE  COMMITS THE CRIME OF BURGLARY IN THE SECOND DEGREE AND ALSO COMMITS
A VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
  HOME INVASION IN THE SECOND DEGREE IS A CLASS C FELONY.
S 140.55 HOME INVASION IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF HOME INVASION IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS THE CRIME OF BURGLARY IN THE FIRST DEGREE  AND  ALSO  COMMITS  A
VIOLENT ACT DURING THE COMMISSION OF SUCH CRIME.
  HOME INVASION IN THE FIRST DEGREE IS A CLASS B FELONY.
  S  2.  Subdivision  1 of section 70.02 of the penal law, as separately
amended by chapters 764 and 765 of the laws of 2005,  paragraph  (a)  as
amended  by  chapter  320 of the laws of 2006, paragraphs (b) and (c) as
amended by chapter 1 of the laws of 2013, and paragraph (d)  as  amended
by chapter 7 of the laws of 2007, is amended to read as follows:
  1. Definition of a violent felony offense. A violent felony offense is
a  class  B  violent felony offense, a class C violent felony offense, a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02949-01-5

              

A. 2959                             2

class D violent felony offense, or a class  E  violent  felony  offense,
defined 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, HOME INVASION IN THE  FIRST  DEGREE
AS  DEFINED  IN SECTION 140.55, arson in the second degree as defined in
section 150.15, robbery in  the  first  degree  as  defined  in  section
160.15,  incest in the first degree as defined in section 255.27, crimi-
nal 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
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, HOME INVASION IN THE SECOND DEGREE AS DEFINED IN SECTION 140.50,
robbery  in  the  second  degree  as defined in section 160.10, 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, aggravated criminal possession of  a
weapon as defined in section 265.19, 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 biolog-
ical weapon in the third degree as defined in section 490.37.
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in

A. 2959                             3

section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as  defined  in  section  130.90,  HOME INVASION IN THE THIRD
DEGREE AS DEFINED IN SECTION 140.45, criminal possession of a weapon  in
the third degree as defined in subdivision five, six, seven, eight, nine
or ten of section 265.02, criminal sale of a firearm in the third degree
as  defined  in  section 265.11, intimidating a victim or witness in the
second degree as defined in  section  215.16,  soliciting  or  providing
support  for  an  act  of  terrorism  in the second degree as defined in
section 490.10, and making a terroristic threat as  defined  in  section
490.20,  falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb  or  hazardous
substance  in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined  in  section  240.63,  and  aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
substance in the second degree as defined in section 240.61.
  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.