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Committee adopts amendment to clarify 'extension of a dwelling' and advances SB100
Summary
The committee adopted an amendment to Senate Bill 100 that narrows and clarifies the statutory definition of 'extension of a dwelling' (for burglary and aggravated burglary charges), debated whether fenced yards should be covered, and voted to advance the amended bill.
Representative sponsors brought an amendment to Senate Bill 100 to define "extension of a dwelling" for burglary statutes. The proposed language lists three tests to qualify an outdoor space (physically attached or immediately adjoining, enclosed by walls/fencing/substantial barriers, intended for private living use) and enumerates exclusions such as areas readily visible from a public way, open yards, driveways or areas customarily open to visitors.
Representative McQueen said the drafted language was clearer but expressed concern it might broaden coverage compared with prior drafts — specifically calling out common fenced yards and whether they would be captured. The sponsor said the intent was to clarify case law and provide a consistent standard; committee members discussed practical examples and the amendment's source in federal postal service training language.
The committee adopted the amendment and, on roll call, recorded a majority in favor to advance the amended bill (7 yes, 2 no). The amended SB100 will continue through the legislative process for possible refinement.
