S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7140
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON,  NIOU,  EPSTEIN, SAYEGH, CRUZ --
   Multi-Sponsored by -- M. of A. COOK, DE LA ROSA, PERRY  --  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  94  of the laws of 2020, 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, aggravated strangulation as defined
 in  section 121.13-a, burglary in the second degree as defined in SUBDI-
 VISIONS 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

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

                                                            LBD04764-01-1

 A. 7140                             2
 
 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
 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.