Assembly Bill A5444

2017-2018 Legislative Session

Adds instances where a person may be guilty of burglary in the second degree

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5444 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.25, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9161
2015-2016: A2911

2017-A5444 (ACTIVE) - Summary

Provides that displaying a device that appears to be an explosive or hazardous substance but is not while knowingly entering or remaining unlawfully in a building with the intent to commit a crime therein is the crime of burglary in the second degree.

2017-A5444 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5444
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- 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. Section 140.25 of the penal law, paragraph (c) of subdivi-
 sion 1 as added by chapter 791 of the laws of  1967,  paragraph  (d)  of
 subdivision 1 as amended by chapter 374 of the laws of 1973 and subdivi-
 sion 2 as amended by chapter 361 of the laws of 1981, is amended to read
 as follows:
 § 140.25 Burglary in the second degree.
   A  person  is  guilty  of burglary in the second degree when he OR SHE
 knowingly enters or remains unlawfully in  a  building  with  intent  to
 commit a crime therein, and when:
   1.  In effecting entry or while in the building or in immediate flight
 therefrom, he OR SHE or another participant in the crime:
   (a) Is armed with explosives or a deadly weapon; or
   (b) Causes physical injury to any person who is not a  participant  in
 the crime; or
   (c) Uses or threatens the immediate use of a dangerous instrument; or
   (d)  Displays  what  appears to be a pistol, revolver, rifle, shotgun,
 machine gun or other firearm; or
   (E) DISPLAYS ANY DEVICE OR OBJECT THAT BY  ITS  DESIGN,  CONSTRUCTION,
 CONTENT  OR CHARACTERISTICS APPEARS TO BE OR TO CONTAIN A BOMB, DESTRUC-
 TIVE DEVICE, EXPLOSIVE OR HAZARDOUS SUBSTANCE, BUT IS, IN FACT, AN INOP-
 ERATIVE FACSIMILE OR IMITATION  OF  SUCH  A  BOMB,  DESTRUCTIVE  DEVICE,
 EXPLOSIVE OR HAZARDOUS SUBSTANCE; OR
   2. The building is a dwelling.
   Burglary in the second degree is a class C felony.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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