S T A T E O F N E W Y O R K
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7100
2015-2016 Regular Sessions
I N A S S E M B L Y
April 23, 2015
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Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to expanding the description
of burglary in the first degree; and to amend the correction law, in
relation to expanding the definition of "sex offense"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 140.30 of the penal law, as
amended by chapter 374 of the laws of 1973, is amended and a new subdi-
vision 5 is added to read as follows:
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, burglary in the second degree, burglary in the third
degree or any other crime; OR
5. IS CONVICTED OF BURGLARY IN THE SECOND DEGREE AND DURING THE COURSE
OF THE CRIME OR THE IMMEDIATE FLIGHT THEREFROM COMMITS ANY FELONY PURSU-
ANT TO ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
S 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
law, as amended by chapter 405 of the laws of 2008, is amended to read
as follows:
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating to kidnapping offenses, provided the
victim of such kidnapping or related offense is less than seventeen
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10545-01-5
A. 7100 2
years old and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 or 230.06, or subdivision two of section 230.30, or
section 230.32 or 230.33 of the penal law, OR SUBDIVISION FIVE OF
SECTION 140.30 OF THE PENAL LAW, or (ii) a conviction of or a conviction
for an attempt to commit any of the provisions of section 235.22 of the
penal law, or (iii) a conviction of or a conviction for an attempt to
commit any provisions of the foregoing sections committed or attempted
as a hate crime defined in section 485.05 of the penal law or as a crime
of terrorism defined in section 490.25 of such law or as a sexually
motivated felony defined in section 130.91 of such law; or
S 3. This act shall take effect immediately.