S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4075
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       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  S 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  S 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  S 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    S  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,  paragraph  (a)  as
   20  amended  by  chapter  320 of the laws of 2006, paragraphs (b) and (c) 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 ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04445-02-3
       A. 4075                             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  AS  DEFINED  IN SECTION 140.55, arson in the second degree as defined in
   17  section 150.15, robbery in  the  first  degree  as  defined  in  section
   18  160.15,  incest in the first degree as defined in section 255.27, crimi-
   19  nal possession of a weapon in the first degree  as  defined  in  section
   20  265.04,  criminal  use  of  a  firearm in the first degree as defined in
   21  section 265.09, criminal sale of  a  firearm  in  the  first  degree  as
   22  defined in section 265.13, aggravated assault upon a police officer or a
   23  peace  officer  as  defined in section 120.11, gang assault in the first
   24  degree as defined in section 120.07, intimidating a victim or witness in
   25  the first degree as defined in section 215.17, hindering prosecution  of
   26  terrorism  in  the  first  degree as defined in section 490.35, criminal
   27  possession of a chemical weapon  or  biological  weapon  in  the  second
   28  degree  as  defined  in  section  490.40, and criminal use of a chemical
   29  weapon or biological weapon in the third degree as  defined  in  section
   30  490.47.
   31    (b)  Class  C violent felony offenses: an attempt to commit any of the
   32  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   33  vated criminally negligent homicide as defined in section 125.11, aggra-
   34  vated  manslaughter  in  the second degree as defined in section 125.21,
   35  aggravated sexual abuse in the  second  degree  as  defined  in  section
   36  130.67, assault on a peace officer, police officer, fireman or emergency
   37  medical services professional as defined in section 120.08, assault on a
   38  judge as defined in section 120.09, gang assault in the second degree as
   39  defined  in section 120.06, strangulation in the first degree as defined
   40  in section 121.13, burglary in the second degree as defined  in  section
   41  140.25,  HOME INVASION IN THE FIRST DEGREE AS DEFINED IN SECTION 140.55,
   42  robbery in the second degree as  defined  in  section  160.10,  criminal
   43  possession  of  a  weapon  in  the  second  degree as defined in section
   44  265.03, criminal use of a firearm in the second  degree  as  defined  in
   45  section  265.08,  criminal  sale  of  a  firearm in the second degree as
   46  defined in section 265.12, criminal sale of a firearm with the aid of  a
   47  minor  as defined in section 265.14, aggravated criminal possession of a
   48  weapon as defined in section 265.19, soliciting or providing support for
   49  an act of terrorism in the first degree as defined  in  section  490.15,
   50  hindering  prosecution  of  terrorism in the second degree as defined in
   51  section 490.30, and criminal possession of a chemical weapon or  biolog-
   52  ical weapon in the third degree as defined in section 490.37.
   53    (c)  Class  D violent felony offenses: an attempt to commit any of the
   54  class C felonies set forth in paragraph (b); reckless assault of a child
   55  as defined in section 120.02, assault in the second degree as defined in
   56  section 120.05, menacing a police officer or peace officer as defined in
       A. 4075                             3
    1  section 120.18, stalking in the first degree, as defined in  subdivision
    2  one  of section 120.60, strangulation in the second degree as defined in
    3  section 121.12, rape in the second degree as defined in section  130.30,
    4  criminal  sexual  act in the second degree as defined in section 130.45,
    5  sexual abuse in the first degree as defined in section 130.65, course of
    6  sexual conduct against a child  in  the  second  degree  as  defined  in
    7  section  130.80,  aggravated sexual abuse in the third degree as defined
    8  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    9  substance  as  defined  in  section  130.90,  HOME INVASION IN THE FIRST
   10  DEGREE AS DEFINED IN SECTION 140.55, criminal possession of a weapon  in
   11  the third degree as defined in subdivision five, six, seven, eight, nine
   12  or ten of section 265.02, criminal sale of a firearm in the third degree
   13  as  defined  in  section 265.11, intimidating a victim or witness in the
   14  second degree as defined in  section  215.16,  soliciting  or  providing
   15  support  for  an  act  of  terrorism  in the second degree as defined in
   16  section 490.10, and making a terroristic threat as  defined  in  section
   17  490.20,  falsely reporting an incident in the first degree as defined in
   18  section 240.60, placing a false bomb or hazardous substance in the first
   19  degree as defined in section 240.62, placing a false bomb  or  hazardous
   20  substance  in a sports stadium or arena, mass transportation facility or
   21  enclosed shopping mall as defined  in  section  240.63,  and  aggravated
   22  unpermitted use of indoor pyrotechnics in the first degree as defined in
   23  section 405.18.
   24    (d)  Class  E violent felony offenses: an attempt to commit any of the
   25  felonies of criminal possession of a  weapon  in  the  third  degree  as
   26  defined  in subdivision five, six, seven or eight of section 265.02 as a
   27  lesser included offense of that section as defined in section 220.20  of
   28  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
   29  section 130.53, aggravated sexual abuse in the fourth degree as  defined
   30  in  section 130.65-a, falsely reporting an incident in the second degree
   31  as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
   32  substance in the second degree as defined in section 240.61.
   33    S 3. This act shall take effect on the first of November next succeed-
   34  ing  the  date  on  which it shall have become a law; provided, however,
   35  that if section 27 of chapter 1 of the laws of 2013 shall not have taken
   36  effect on or before such date then section two of this  act  shall  take
   37  effect  on  the  same date and in the same manner as such chapter of the
   38  laws of 2013 takes effect.