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History
- Referred to codes
- Referred to codes
Companion bill
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Adds instances where a person may be guilty of burglary in the second degree
In Assembly Committee · Codes · Sponsor David Weprin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4428
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 that 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 Penal Law section 140.25(1) to add a new paragraph (e) providing that a person is guilty of the offense of burglary in the second degree if he or she displays a device or object that, by its design or construction, appears to contain a bomb, destructive device, or explosive or hazardous substance but is actually an inoperable facsimile or imitation of such a device.
Section 2 provides that this act shall take effect on the one hundred twentieth day after it shall have become a law.
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
2011-2: S. 1747 - Referred to Codes 2009-2010: S.2102 - Referred to Codes 2008: S.3765 - Referred to Codes 2007: S.3765 - Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the one hundred twentieth day after 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.