What's happening
This bill amends the penal law to specify that burglary of an occupied dwelling is a violent felony offense.
Why it matters
Expands the definition of violent felony burglary. The bill clarifies that burglaries of dwellings are considered violent felonies when those dwellings are occupied by someone other than the perpetrator at the time of the crime, not just based on the structure being a dwelling.
Increases penalties for certain burglaries. By reclassifying these specific burglaries as violent felonies, individuals convicted under these circumstances will face longer mandatory sentences and fewer opportunities for parole or alternative sentencing.
Addresses safety concerns for residents. The change recognizes the heightened risk and trauma to occupants present during a burglary, aiming to deter such crimes and provide stronger legal recourse when they occur.
Could impact criminal justice statistics and practices. Law enforcement, prosecutors, and courts may see an increase in cases charged and prosecuted as violent felonies, which can affect plea bargaining, trial strategies, and the overall classification of crime severity in the state.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Burglary Penalties Enacted
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Ordered to third reading cal.127
- Advanced to third reading cal.108
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Burglaries in Occupied Homes
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3058
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. RICHARDSON, NIOU -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to burglary in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 140.25 of the penal law, as amended by chapter 361 of the laws of 1981, is amended and a new subdivision 3 is added to read as follows:
2. The building is a dwelling[.]; or
3. The building is a dwelling which, at the time of the commission of the crime, is occupied by a person who is not a participant in the crime.
§ 2. Paragraph (b) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in subdivisions one and three of section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04439-02-9
A. 3058 2
sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.