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Sponsor's memo
BILL NUMBER:S1692
Title of bill
An act to amend the penal law, in relation to establishing home invasion robbery offenses
Purpose or general idea of bill
Serves as a deterrent to perpetrators of home invasion robbery (HIR). Establishes the crimes of home invasion robbery in the first and second degrees.
Summary of specific provisions
Section one of the bill defines the crime of HIR as any robbery that occurs when a person enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.
The bill defines HIR in the second degree as a class C felony, when a person commits a home invasion robbery and he is aided by another person actually present.
The bill defines HIR in the first degree as a class B felony, when a person commits a home invasion robbery and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (1) causes serious physical injury to any person who is not a participant in the crime; or (2) is armed with a deadly weapon; or (3) uses or threatens the immediate use of a dangerous instrument; or (4) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Section two provides the effective date.
Justification
Incidents of home invasion robbery have been increasing in New York State and are often mistaken for the crime of burglary. Long island, in particular, has recently experienced a spike in these crimes. Whereas burglars tend to avoid confronting the victims and striking when the homeowner is away, perpetrators of home invasion robbery consider confrontation a key element of their attack. They often confront the residents directly with force, false pretense or impersonation. They then attempt to restrain their victims in order to steal the contents of the home. Individuals have the right to feel safe in their own homes. This proposal warns potential home invaders that this crime is considered much more serious than the crimes of burglary and robbery, and will be prosecuted as such.
Prior legislative history
2005-06: A.7934 Assembly Codes Committee 2007-08: Passed Senate/Assembly Codes Committee 2009-10: Referred to Codes Committee 2011: Passed Senate 2012: Senate Codes
Fiscal implications for state and local governments
None.
EFFECTIVE DATE:; This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.