Increases the penalty for burglary in the second degree

BILL NUMBER:S815

Title of bill

An act to amend the penal law, in relation to burglary in the second degree

Purpose

The purpose of this bill is to increase the penalty for burglary in the second degree when he/she enters the property with intention to burglarize while there is someone physically the building or in the dwelling.

Summary of provisions

This bill intends to increase the penalty for § 140.25 burglary in the second degree or a class B felony as stated by New York State Penal Law. A person is guilty of burglary in the second degree when he/she knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when the building is occupied or the building is a dwelling.

Existing law

New law.

Justification

When some one enters a building that is occupied or a dwelling with the intention to burglarize it, the chances of risk or harm to those people that are present at the time are a great deal higher. Most of time people act out of fear of being caught. Most victimization occurs because the perpetrator feels those present are a witness to their crime and therefore a threat to them. By increasing the penalty that is mandated by burglary in the second degree or a class B felony, burglars would be deterred by the heavy sanctions that are mandated for such crimes. This would eventually cause a decrease in burglaries in New York State.

Prior legislative history

S.3586 2011-12 - Held in Codes S.554 2010 - Held in Codes S.7036 Referred to Codes 06/17/08

Fiscal implications

None.

Local fiscal implications

None.

Effective date

On the 90th day after it shall have become law.