S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3039
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2013
                                      ___________
       Introduced  by  Sens.  BONACIC, LARKIN, SEWARD -- 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  robbery  in  the  second
         degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 160.10 of the penal law, as amended by chapter  374
    2  of  the  laws  of  1973,  paragraph  (b) of subdivision 2 as amended and
    3  subdivision 3 as added by chapter 308 of the laws of 1995, is amended to
    4  read as follows:
    5  S 160.10 Robbery in the second degree.
    6    A person is guilty of robbery in the second degree  when  he  forcibly
    7  steals property and when:
    8    1. He is aided by another person actually present; or
    9    2. In the course of the commission of the crime or of immediate flight
   10  therefrom, he or another participant in the crime:
   11    (a)  Causes  physical injury to any person who is not a participant in
   12  the crime; or
   13    (b) Displays what appears to be a pistol,  revolver,  rifle,  shotgun,
   14  machine gun or other firearm; or
   15    (C)  ORALLY  OR  IN  WRITING  COMMUNICATES  THE THREAT OF THE USE OF A
   16  FIREARM OR EXPLOSIVE DEVICE; OR
   17    3. The property consists of a motor vehicle, as defined in section one
   18  hundred twenty-five of the vehicle and traffic law.
   19    Robbery in the second degree is a class C felony.
   20    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06717-01-3