senate Bill S2177

2019-2020 Legislative Session

Relates to burglary in the second degree

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jun 20, 2019 committed to rules
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.978
Jan 23, 2019 referred to codes

Votes

view votes

May 29, 2019 - Codes committee Vote

S2177
7
5
committee
7
Aye
5
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 29, 2019

aye wr (1)

Co-Sponsors

S2177 (ACTIVE) - Details

See Assembly Version of this Bill:
A3058
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§140.25 & 70.02, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9732
2017-2018: S6660, A1020
2021-2022: S3339, A7140

S2177 (ACTIVE) - Summary

Relates to burglary in the second degree; adds language where 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 to what constitutes burglary in the second degree.

S2177 (ACTIVE) - Sponsor Memo

S2177 (ACTIVE) - Bill Text download pdf


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

                                  2177

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 23, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed 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
sale of a firearm in the second degree as  defined  in  section  265.12,

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

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