S T A T E O F N E W Y O R K
________________________________________________________________________
3058
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
___________
Introduced by M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of
A. COOK, DE LA ROSA -- 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.
§ 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 476 of the laws of 2018, 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, firefighter or emer-
gency 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 SUBDIVISIONS 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04439-02-9
A. 3058 2
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 crimi-
nal possession of a chemical weapon or biological weapon in the third
degree as defined in section 490.37.
§ 3. This act shall take effect immediately.