Bill > S00875

This bill modifies the New York Penal Law to expand the definition of burglary in the second degree by adding a new provision that specifically addresses situations where a dwelling is occupied by a non-participating person at the time of the crime. Currently, burglary in the second degree is defined when a building is a dwelling, and this bill adds an additional criterion that the dwelling must be occupied by someone who is not involved in the criminal act. The bill also updates a section of the penal law related to violent felony offenses to cross-reference the new definition of burglary in the second degree. By making this change, the law aims to provide additional legal protection for occupied residences and create a more specific framework for prosecuting burglary offenses that occur in inhabited dwellings. The bill will take effect immediately upon passage, allowing for immediate implementation of the updated legal language.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S875