New York City Council Header
File #: Res 1528-2000    Version: * Name: Committing crime in any school or house of worship, Class C felony.
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 9/13/2000
Enactment date: Law number:
Title: Resolution calling upon the members of the New York State Legislature to amend the penal law by creating a class C felony for entering or remaining in any school or house of worship with the intent to commit a crime therein.
Sponsors: Stephen J. Fiala, Noach Dear, Lloyd Henry, Michael C. Nelson, Madeline T. Provenzano, Angel Rodriguez, Michael J. Abel, Martin J. Golden, James S. Oddo, Adolfo Carrion, Walter L. McCaffrey, Morton Povman, Thomas V. Ognibene
Council Member Sponsors: 13
Res. No. 1528 Title Resolution calling upon the members of the New York State Legislature to amend the penal law by creating a class C felony for entering or remaining in any school or house of worship with the intent to commit a crime therein. Body By Council Members Fiala, Dear, Henry, Nelson, Provenzano, Rodriguez, Abel, Golden and Oddo; also Council Members Carrion, McCaffrey, Povman and Ognibene Whereas, The New York State Penal Law defines Burglary in the second degree as knowingly entering or remaining unlawfully in a building with intent to commit a crime, and sets forth certain aggravating factors which warrant greater punishment than a simple burglary, such as carrying a dangerous weapon or causing physical injury in the course of the burglary; and Whereas, The media has reported a number of recent incidents concerning burglaries in our City's schools and houses of worship; and Whereas, P.S. 36 in the Huguenot section of Staten Island recently fell prey to a burglary resulting in a fire that damaged the building, books, computers, personal effects, and furniture, and which caused a significant disruption in the children's education; and Whereas, These crimes, which create tremendous hardship for the entire community, are merely classified as class D felonies under the Penal Law, carrying a maximum penalty of only seven years imprisonment; and Whereas, Re-classification of these crimes to a class C felony would carry a maximum penalty of fifteen years imprisonment, and give the courts greater discretion in fashioning a punishment that fits the crime; and Whereas, This change would afford greater protection to our schools and churches; now, therefore, be it Resolved, That the Council of the City of New York calls upon the members of the New York State Legislature to amend the penal law by creating a class C felony for entering or remaining in any school or house of worship with the intent to commit a crime therein. LS # 3260