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

                                  9732

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

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

AN ACT to amend the penal law, in relation to  burglary  in  the  second
  degree

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

  Section 1. Subdivision 2 of  section  140.25  of  the  penal  law,  as
amended  by chapter 361 of the laws of 1981, is amended and a new subdi-
vision 3 is added to read as follows:
  2. The building is a dwelling[.]; OR
  3. THE BUILDING IS A DWELLING WHICH, AT THE TIME OF THE COMMISSION  OF
THE  CRIME,  IS  OCCUPIED  BY  A  PERSON WHO IS NOT A PARTICIPANT IN THE
CRIME.
  S 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
follows:
  (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  SUBDIVI-
SIONS  ONE  AND THREE OF section 140.25, 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

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

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A. 9732                             2

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 3. This act shall take effect immediately.