Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 04, 2012 |
referred to codes |
Jan 12, 2011 |
referred to codes |
Senate Bill S1747
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) 24th Senate District
(R, C, IP) Senate District
2011-S1747 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §140.25, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2102
2013-2014: S4428
2011-S1747 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1747 TITLE OF BILL: An act to amend the penal law, in relation to burglary in the second degree PURPOSE: To include display of a device or object which appears to be a bomb, destructive device, explosive or hazardous substance within the definition of burglary in the 2nd degree. SUMMARY OF PROVISIONS: Section one amends §140.25 to include display of a device which appears to be a bomb, destructive device, explosive or hazardous substance in the definition of burglary in the second degree. Section 2 establishes the effective date. EXISTING LAW: Under current law, burglary in the third degree can be elevated to the second degree when a person displays a fake gun in the course of, or immediate flight from, the crime. However, this is not the case if a person displays what appears to be a bomb.
2011-S1747 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1747 2011-2012 Regular Sessions I N S E N A T E January 12, 2011 ___________ Introduced by Sens. GOLDEN, DeFRANCISCO, JOHNSON, RANZENHOFER -- 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. 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: S 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 WHICH JUST BY ITS DESIGN, CONSTRUCTION, CONTENT OR CHARACTERISTICS APPEARS TO BE OR TO CONTAIN A BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE OR HAZARDOUS SUBSTANCE, BUT IS, IN FACT, AN INOPERATIVE 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. S 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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