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NY S00875
Bill
Status
1/8/2025
Primary Sponsor
Jamaal Bailey
Click for details
AI Summary
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Adds a new subdivision to the burglary in the second degree statute (section 140.25) specifically addressing when the burglarized dwelling is occupied by a non-participant at the time of the crime
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Creates a distinction between burglary of an unoccupied dwelling versus an occupied dwelling where someone other than a crime participant is present
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Classifies burglary of an occupied dwelling under the new subdivision 3 as a Class C violent felony offense, alongside the existing subdivision 1 provisions
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Amends section 70.02 of the penal law to include the new occupied dwelling burglary provision in the list of Class C violent felony offenses, which carry enhanced sentencing requirements
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Takes effect immediately upon enactment
Legislative Description
Relates to burglary in the second degree; adds language where 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 to what constitutes burglary in the second degree.
Last Action
REFERRED TO CODES
1/7/2026