[15-20] Burglary Act of 2020

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[15-20] Burglary Act of 2020

Post by Toretto » Sun Apr 26, 2020 11:44 pm

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SUBMITTED BY: Senator Van Gilder
SPONSORED BY: Senator Van Gilder
SENATE BILL N° 16-20



An act to amend the crime of burglary in the San Andreas Penal Code.


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:

  • Section 1. DEFINITIONS
    1. 'Inhabited property' refers to any inhabited dwelling house, vessel, which is inhabited and designed for habitation, floating home, or trailer coach.
    Section 2. AMENDMENTS
    1. Section 2 of the Penal Code is amended to read:

      (2)04. Burglary
      1. Any act of entering into the inhabited property of another without their permission, or the inhabited portion of any other building,with the intention of committing a crime, typically theft, is burglary of the first degree.
      2. All other kinds of burglary are of the second degree.
      3. This crime cannot stack with (2)02. Trespassing.
      - Penal Code (2)04 (First-Degree) is a felony punishable by no less than 130 minutes and no more than 190 minutes imprisonment.
      - Penal Code (2)04 (Second-Degree) is a misdemeanor punishable by no less than 25 minutes and no more than 55 minutes imprisonment.
      NOTES: show
      Burglary can include homes, apartments, offices, vehicles or any locked space with restricted access. Burglary is also committed irrelevant if any theft or other crime takes place. A less severe act of burglary is trespassing, which would account for instances where there is no intent to commit a crime, no locked door or other physical restriction.



      (2)05. Possession Of Burglary Tools
      1. A person who has in their possession the appropriate combination of tools necessary to commit any form of burglary, such as a tension bar, screwdriver, shimmy, or other appropriate items.
      - Penal Code (2)05 is an infraction of $3,000.
      NOTES: show
      It must be demonstrated that the person has a certain combination of these tools or in an appropriate context that would assume their usage in burglary. Having a screwdriver is not punishable alone, but a screwdriver, along with a tension bar without justification and in the circumstances that a crime may be about to be committed, is punishable.

    Section 3. AMENDMENTS
    1. Section 10 of the Penal Code is amended to read:

      (10)09. Gang Crimes Clause
      1. Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with a criminal gang, or with the specific intent to promote, further, or assist in any criminal conduct by gang members, may be punished as follows:
        • if the felony is a serious felony, the person may be punished by an additional term of three (3) to five (5) years depending on the circumstances of the offense (( 30 - 60 minutes at officer's discretion ));
        • if the felony is a violent felony, the person may be punished by an additional term of eight (8) to ten (10) years depending on the circumstances of the offense (( 60 - 90 minutes at officer's discretion)).
      2. "Serious felony" means any of the following:
        • P.C. 2-01. Arson;
          P.C. 2-04. First-Degree Burglary;[/color]
          P.C. 2-06. Robbery;
          P.C. 2-12. Grand Theft Of A Firearm;
          P.C. 2-14. Extortion;
          P.C. 3-10. Stalking;
          P.C. 4-05. Dissuading A Witness Or Victim;
          P.C. 4-18. Tampering With Evidence;
          P.C. 5-03. Incitement To Riot;
          P.C. 6-02. Possession Of A Controlled Substance With Intent To Sell;
          P.C. 6-04. Maintaining A Place For The Purpose Of Distribution;
          P.C. 6-05. Manufacture Of A Controlled Substance;
          P.C. 6-06. Sale Of A Controlled Substance;
          P.C. 9-03. Possession Of An Illegal Firearm;
          P.C. 9-04. Possession Of An Assault Weapon;
          P.C. 9-05. Unlicensed Distribution Of A Weapon;
          P.C. 9-06. Possession Of An Explosive Device;
          P.C. 9-07. Manufacture or Possession of an Improvised Device;
          P.C. 9-08. Possession of Weaponry With Intent To Sell;
          P.C. 9-09. Possession Of Explosive Devices With Intent To Sell.
        "Violent felony" means any of the following:
        • P.C. 1-03 Assault with a Deadly Weapon;
          P.C. 1-07. Attempted Murder;
          P.C. 1-08. Manslaughter;
          P.C. 1-09. Murder;
          P.C. 1-11. Kidnapping;
          P.C. 1-12. Mayhem;
          P.C. 1-13. Vehicular Murder;
          P.C. 2-07. Armed Robbery;
          P.C. 3-08. Rape;
          P.C. 3-09. Statutory Rape;
          P.C 4-16. Human Trafficking;
          P.C. 5-05. Terrorism;
          P.C. 8-08. Hit And Run;
          P.C. 9-12. Drive-By Shooting.
      3. (( Usage of Section 10(09) of the Penal Code is restricted to the courts and to detectives and uniformed officers belonging to an investigative unit. This charge can only be applied once per arrest and is non-stackable. ))




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