Assembly Bill A6948

2023-2024 Legislative Session

Relates to burglary on a premises used as a farm operation

download bill text pdf

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Current Bill Status - In Assembly 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

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2023-A6948 (ACTIVE) - Details

See Senate Version of this Bill:
S6586
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §140.25, Pen L

2023-A6948 (ACTIVE) - Summary

Includes premises used as a farm operation within the crime of burglary in the second degree.

2023-A6948 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6948
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  NORRIS,  HAWLEY,  MORINELLO -- 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. 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  subdi-
 vision  2  as  amended by chapter 361 of the laws of 1981, is amended to
 read as follows:
 § 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] OR UPON A PREM-
 ISES with intent to commit a crime therein, and when:
   1. In effecting entry ONTO THE PREMISES or while in [the]  A  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
   2. The PREMISES IS A building THAT is a dwelling; OR
   3. THE PREMISES IS REAL PROPERTY USED AS A FARM OPERATION  AS  DEFINED
 IN  SUBDIVISION  ELEVEN  OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE
 AND MARKETS LAW.
   Burglary in the second degree is a class C felony.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11000-01-3

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