New York A 3952: Establishes the crimes of home invasion in the first, second, and third degrees

Bill Text

STATE OF NEW YORK
________________________________________________________________________
3952
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. LENTOL, PAULIN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
home invasion
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The penal law is amended by adding three new sections
2 140.45, 140.50 and 140.55 to read as follows:
3 § 140.45 Home invasion in the third degree.
4 A person is guilty of home invasion in the third degree when he or she
5 commits the crime of burglary in the third degree and also commits a
6 violent act during the commission of such crime.
7 Home invasion in the third degree is a class D felony.
8 § 140.50 Home invasion in the second degree.
9 A person is guilty of home invasion in the second degree when he or
10 she commits the crime of burglary in the second degree and also commits
11 a violent act during the commission of such crime.
12 Home invasion in the second degree is a class C felony.
13 § 140.55 Home invasion in the first degree.
14 A person is guilty of home invasion in the first degree when he or she
15 commits the crime of burglary in the first degree and also commits a
16 violent act during the commission of such crime.
17 Home invasion in the first degree is a class B felony.
18 § 2. Subdivision 1 of section 70.02 of the penal law, as separately
19 amended by chapters 764 and 765 of the laws of 2005, paragraphs (a) and
20 (c) as amended by chapter 368 of the laws of 2015, paragraph (b) as
21 amended by chapter 1 of the laws of 2013, and paragraph (d) as amended
22 by chapter 7 of the laws of 2007, is amended to read as follows:
23 1. Definition of a violent felony offense. A violent felony offense is
24 a class B violent felony offense, a class C violent felony offense, a
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD03979-01-7

A. 3952 2
1 class D violent felony offense, or a class E violent felony offense,
2 defined as follows:
3 (a) Class B violent felony offenses: an attempt to commit the class
4 A-I felonies of murder in the second degree as defined in section
5 125.25, kidnapping in the first degree as defined in section 135.25, and
6 arson in the first degree as defined in section 150.20; manslaughter in
7 the first degree as defined in section 125.20, aggravated manslaughter
8 in the first degree as defined in section 125.22, rape in the first
9 degree as defined in section 130.35, criminal sexual act in the first
10 degree as defined in section 130.50, aggravated sexual abuse in the
11 first degree as defined in section 130.70, course of sexual conduct
12 against a child in the first degree as defined in section 130.75;
13 assault in the first degree as defined in section 120.10, kidnapping in
14 the second degree as defined in section 135.20, burglary in the first
15 degree as defined in section 140.30, home invasion in the first degree
16 arson in the second degree as defined inas defined in section 140.55,
17 section 150.15, robbery in the first degree as defined in section
18 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
19 sion five of section 230.34, incest in the first degree as defined in
20 section 255.27, criminal possession of a weapon in the first degree as
21 defined in section 265.04, criminal use of a firearm in the first degree
22 as defined in section 265.09, criminal sale of a firearm in the first
23 degree as defined in section 265.13, aggravated assault upon a police
24 officer or a peace officer as defined in section 120.11, gang assault in
25 the first degree as defined in section 120.07, intimidating a victim or
26 witness in the first degree as defined in section 215.17, hindering
27 prosecution of terrorism in the first degree as defined in section
28 490.35, criminal possession of a chemical weapon or biological weapon in
29 the second degree as defined in section 490.40, and criminal use of a
30 chemical weapon or biological weapon in the third degree as defined in
31 section 490.47.
32 (b) Class C violent felony offenses: an attempt to commit any of the
33 class B felonies set forth in paragraph (a) of this subdivision; aggra-
34 vated criminally negligent homicide as defined in section 125.11, aggra-
35 vated manslaughter in the second degree as defined in section 125.21,
36 aggravated sexual abuse in the second degree as defined in section
37 130.67, assault on a peace officer, police officer, fireman or emergency
38 medical services professional as defined in section 120.08, assault on a
39 judge as defined in section 120.09, gang assault in the second degree as
40 defined in section 120.06, strangulation in the first degree as defined
41 in section 121.13, burglary in the second degree as defined in section
42 140.25, home inv