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Assembly Bill A8478

2017-2018 Legislative Session

Relates to burglary in the second and third degrees

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Archive: Last Bill Status - In Assembly Committee

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2017-A8478 (ACTIVE) - Details

See Senate Version of this Bill:
S6504
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§140.20 & 140.25, Pen L

2017-A8478 (ACTIVE) - Summary

Relates to burglary in the second and third degrees; adds knowingly entering or remaining unlawfully in a vehicle with intent to commit a crime to burglary in the second or third degree.

2017-A8478 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8478
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to burglary in the second and
   third degrees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 140.20 of the penal  law  is  amended  to  read  as
 follows:
 § 140.20 Burglary in the third degree.
   A  person  is guilty of burglary in the third degree when he knowingly
 enters or remains unlawfully in a building OR  VEHICLE  with  intent  to
 commit a crime therein.
   Burglary in the third degree is a class D felony.
   §  2.  Section 140.25 of the penal law, paragraph (c) of subdivision 1
 as added by chapter 791 of the laws of 1967, paragraph (d)  of  subdivi-
 sion  1  as amended by chapter 374 of the laws of 1973 and subdivision 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 knowingly
 enters or remains unlawfully in a building OR  VEHICLE  with  intent  to
 commit a crime therein, and when:
   1. In effecting entry or while in the building OR VEHICLE, or in imme-
 diate flight therefrom, he 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
   2. The building is a dwelling.
   Burglary in the second degree is a class C felony.
   § 3. This act shall take effect immediately.

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