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- Referred to codes
- Referred to codes
Full text
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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.
Justification
The crime of burglary in the third degree is elevated to the second degree when the crime is committed under certain exacerbating conditions, such as when the assailant is armed with explosives or a deadly weapon. New York has recognized that brandishing what appears to be a gun in the course of a burglary elevates the severity of the crime, and therefore this-action is included in the 2nd degree of burglary. The same is not true, however, when the assailant displays what appears to be a bomb or other hazardous device or substance. This creates a situation in which an assailant can be charged with a lesser crime if he uses a fake bomb to threaten his victims instead of a fake gun. Such a result is especially absurd in light of the fact that the statute places display of an actual gun and an actual bomb or other hazardous device on the same level. This legislation would correct that anomaly and make the statute more logically consistent.
Legislative history
2007-2008: S.3765 - Referred to Codes, Passed Senate
Fiscal implications
None.
Effective date
120 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.