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A03525 Summary:

BILL NOA03525
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSRPaulin
 
MLTSPNSR
 
Add 140.45, 140.50 & 140.55, amd 70.02, Pen L
 
Establishes the crimes of home invasion in the first, second, and third degrees.
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A03525 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3525
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M. of A. LENTOL, PAULIN -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the crime  of
          home invasion
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is  amended  by  adding  three  new  sections
     2  140.45, 140.50 and 140.55 to read as follows:
     3  § 140.45 Home invasion in the third degree.
     4    A person is guilty of home invasion in the third degree when he or she
     5  commits  the  crime  of  burglary in the third degree and also commits a
     6  violent act during the commission of such crime.
     7    Home invasion in the third degree is a class D felony.
     8  § 140.50 Home invasion in the second degree.
     9    A person is guilty of home invasion in the second degree  when  he  or
    10  she  commits the crime of burglary in the second degree and also commits
    11  a violent act during the commission of such crime.
    12    Home invasion in the second degree is a class C felony.
    13  § 140.55 Home invasion in the first degree.
    14    A person is guilty of home invasion in the first degree when he or she
    15  commits the crime of burglary in the first degree  and  also  commits  a
    16  violent act during the commission of such crime.
    17    Home invasion in the first degree is a class B felony.
    18    §  2.  Subdivision  1 of section 70.02 of the penal law, as separately
    19  amended by chapters 764 and 765 of the laws of 2005,  paragraph  (a)  as
    20  amended  by chapter 189 of the laws of 2018, paragraph (b) as amended by
    21  chapter 476 of the laws of 2018, paragraph (c) as amended by chapter 368
    22  of the laws of 2015, and paragraph (d) as amended by chapter  7  of  the
    23  laws of 2007, is amended to read as follows:
    24    1. Definition of a violent felony offense. A violent felony offense is
    25  a  class  B  violent felony offense, a class C violent felony offense, a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04642-02-9

        A. 3525                             2
 
     1  class D violent felony offense, or a class  E  violent  felony  offense,
     2  defined as follows:
     3    (a)  Class  B  violent felony offenses: an attempt to commit the class
     4  A-I felonies of murder in  the  second  degree  as  defined  in  section
     5  125.25, kidnapping in the first degree as defined in section 135.25, and
     6  arson  in the first degree as defined in section 150.20; manslaughter in
     7  the first degree as defined in section 125.20,  aggravated  manslaughter
     8  in  the  first  degree  as  defined in section 125.22, rape in the first
     9  degree as defined in section 130.35, criminal sexual act  in  the  first
    10  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    11  first degree as defined in section  130.70,  course  of  sexual  conduct
    12  against  a  child  in  the  first  degree  as defined in section 130.75;
    13  assault in the first degree as defined in section 120.10, kidnapping  in
    14  the  second  degree  as defined in section 135.20, burglary in the first
    15  degree as defined in section 140.30, home invasion in the  first  degree
    16  as  defined  in section 140.55, arson in the second degree as defined in
    17  section 150.15, robbery in  the  first  degree  as  defined  in  section
    18  160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
    19  sion  five  of  section 230.34, sex trafficking of a child as defined in
    20  section 230.34-a, incest in the  first  degree  as  defined  in  section
    21  255.27,  criminal  possession of a weapon in the first degree as defined
    22  in section 265.04, criminal use of a firearm  in  the  first  degree  as
    23  defined  in  section  265.09,  criminal  sale  of a firearm in the first
    24  degree as defined in section 265.13, aggravated assault  upon  a  police
    25  officer or a peace officer as defined in section 120.11, gang assault in
    26  the  first degree as defined in section 120.07, intimidating a victim or
    27  witness in the first degree as  defined  in  section  215.17,  hindering
    28  prosecution  of  terrorism  in  the  first  degree as defined in section
    29  490.35, criminal possession of a chemical weapon or biological weapon in
    30  the second degree as defined in section 490.40, and criminal  use  of  a
    31  chemical  weapon  or biological weapon in the third degree as defined in
    32  section 490.47.
    33    (b) Class C violent felony offenses: an attempt to commit any  of  the
    34  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    35  vated criminally negligent homicide as defined in section 125.11, aggra-
    36  vated manslaughter in the second degree as defined  in  section  125.21,
    37  aggravated  sexual  abuse  in  the  second  degree as defined in section
    38  130.67, assault on a peace officer, police officer, firefighter or emer-
    39  gency medical  services  professional  as  defined  in  section  120.08,
    40  assault  on  a  judge  as defined in section 120.09, gang assault in the
    41  second degree as defined in section 120.06, strangulation in  the  first
    42  degree  as  defined  in section 121.13, burglary in the second degree as
    43  defined in section 140.25, home invasion in the second degree as defined
    44  in section 140.50, robbery in the second degree as  defined  in  section
    45  160.10,  criminal possession of a weapon in the second degree as defined
    46  in section 265.03, criminal use of a firearm in  the  second  degree  as
    47  defined  in  section  265.08,  criminal  sale of a firearm in the second
    48  degree as defined in section 265.12, criminal sale of a firearm with the
    49  aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
    50  possession  of  a  weapon  as  defined  in section 265.19, soliciting or
    51  providing support for an act of terrorism in the first degree as defined
    52  in section 490.15, hindering prosecution  of  terrorism  in  the  second
    53  degree as defined in section 490.30, and criminal possession of a chemi-
    54  cal  weapon  or  biological  weapon  in  the  third degree as defined in
    55  section 490.37.

        A. 3525                             3
 
     1    (c) Class D violent felony offenses: an attempt to commit any  of  the
     2  class C felonies set forth in paragraph (b); reckless assault of a child
     3  as defined in section 120.02, assault in the second degree as defined in
     4  section 120.05, menacing a police officer or peace officer as defined in
     5  section  120.18, stalking in the first degree, as defined in subdivision
     6  one of section 120.60, strangulation in the second degree as defined  in
     7  section  121.12, rape in the second degree as defined in section 130.30,
     8  criminal sexual act in the second degree as defined in  section  130.45,
     9  sexual abuse in the first degree as defined in section 130.65, course of
    10  sexual  conduct  against  a  child  in  the  second degree as defined in
    11  section 130.80, aggravated sexual abuse in the third degree  as  defined
    12  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    13  substance as defined in section 130.90, labor trafficking as defined  in
    14  paragraphs  (a)  and  (b)  of  subdivision three of section 135.35, home
    15  invasion in the third degree as  defined  in  section  140.45,  criminal
    16  possession  of  a  weapon  in the third degree as defined in subdivision
    17  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    18  a firearm in the third degree as defined in section 265.11, intimidating
    19  a victim or witness in the second degree as defined in  section  215.16,
    20  soliciting  or  providing  support for an act of terrorism in the second
    21  degree as defined in section 490.10, and making a terroristic threat  as
    22  defined  in  section  490.20, falsely reporting an incident in the first
    23  degree as defined in section 240.60, placing a false bomb  or  hazardous
    24  substance  in  the  first degree as defined in section 240.62, placing a
    25  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    26  transportation  facility or enclosed shopping mall as defined in section
    27  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    28  first degree as defined in section 405.18.
    29    (d)  Class  E violent felony offenses: an attempt to commit any of the
    30  felonies of criminal possession of a  weapon  in  the  third  degree  as
    31  defined  in subdivision five, six, seven or eight of section 265.02 as a
    32  lesser included offense of that section as defined in section 220.20  of
    33  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
    34  section 130.53, aggravated sexual abuse in the fourth degree as  defined
    35  in  section 130.65-a, falsely reporting an incident in the second degree
    36  as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
    37  substance in the second degree as defined in section 240.61.
    38    § 3. This act shall take effect on the first of November next succeed-
    39  ing the date on which it shall have become a law.
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