What's happening
The bill expands second-degree burglary to include occupied dwellings and updates related violent felony sentencing provisions.
Why it matters
Expanding the definition of second-degree burglary to include situations where a dwelling is occupied during the crime increases legal protections for residents. , recognizing the heightened risk and trauma to individuals present during such incidents.
The bill’s changes make “occupied dwelling” burglaries subject to harsher sentencing guidelines as violent felonies. , signaling a legislative intent to treat invasions of occupied homes as particularly serious offenses.
By specifically distinguishing between unoccupied and occupied dwellings in burglary law, the legislation may lead to more aggressive prosecution and potentially longer sentences for offenders. , which could act as a deterrent but might also increase incarceration rates.
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Who cares
Headline styles
Tougher Penalties for Burglary
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
875
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. BAILEY, SALAZAR -- read twice and ordered printed, and when printed to be committed 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 94 of the laws of 2020, 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, aggravated strangulation as defined in section 121.13-a, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02108-01-5
second degree as defined in section 265.08, criminal 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to burglary in the second degree
Summary of provisions
Section one amends section 140.25 of the penal law to add a new subdivi- sion three to burglary in the second degree. Under this new subdivision, a person commits burglary in the second degree when he or she unlawfully enters a building, and the building is a dwelling which at the time of the commission of the crime is occupied by a person who is not a partic- ipant in the crime. Section two amends section 70.02 of the penal law to classify subdivisions one and three of section 140.25 of the penal law as a violent felony offense.
Justification
Under current law, a person may be convicted of burglary in the second degree based upon their unlawful entry into a building which is a dwell- ing. This broad category results in convictions for what are essentially crimes against property, where the dwelling is unoccupied and there is no element of violence whatsoever involved. A recent study found that of all residential burglaries committed in the United States between 1998 and 2007, only 1.2% involved violence or threats of violence. However, burglary in the second degree is classified as a class C violent felony regardless of the circumstances.
Read the full memo (624 words)
Classification as a violent or non-violent felony impacts the type of sentence that will be imposed. The sentence for a violent felony consists of a determinate term while a non-violent felony calls for an indeterminate term. Determinate terms can result in significantly longer sentences than indeterminate terms because they provide for a fixed number of years as opposed to a range with a minimum and maximum term. Also, a determinate term precludes the possibility for parole while an indeterminate term allows for such a possibility upon completion of the minimum term of the sentenced range. A violent felony sentence which is longer and does not offer the opportunity for parole is riot a fitting punishment fora person who has not engaged in violent behavior.
This is especially true when considering that New York is currently one of only two states that still treat 16- and 17-year-olds as adults in the criminal justice system. In 2014, burglary in the second degree made up 12% of all arrests for 16- and 17-year-olds. Scientific studies have proven that the brains of young people continue to develop until the age of 25 and they do not have the same understanding of the consequences of their actions as adults. Young people are also far more susceptible to the influence of others. Studies have shown that when young people are processed in the adult system, they have higher recidivism rates for committing more serious crimes than their counterparts in Family Court. Imposing a harsher violent felony sentence when a young person has not displayed any violent behavior only serves to compound this problem. This bill corrects this erroneous classification by providing that when a person commits burglary in the second degree by entering an unoccupied dwelling, they will not be charged with a violent felony. Any burglary that is committed while a dwelling is occupied or includes acts of violence, the use or threatened use of a weapon, or display of what appears to be a weapon will still be charged as a violent felony. Howev- er, when burglary is committed as a crime against property, and violence is not involved, it will be appropriately charged as a non-violent felo- ny. By correctly classifying burglary crimes, offenders will be held responsible for their actions and punished accordingly.
Prior legislative history
2021-22: Referred to Codes
2023-24: Referred to Codes
Fiscal impact on state
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.