S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1020
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- 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 1 of the laws of  2013,  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, fireman or emergency
 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  SUBDIVI-
 SIONS  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, criminal  sale  of  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05584-01-7

 A. 1020                             2
 
 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 criminal 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.