Bill Text: NY A05701 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes the crimes of carjacking in first, second and third degrees, as the stealing of a motor vehicle from a person or presence of another person through the use or threatened use of force; increases penalties for causing injury to such victim, displaying a real or fake gun or using such a weapon; provides that all carjackings are violent felony offenses.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05701 Detail]
Download: New_York-2017-A05701-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5701 2017-2018 Regular Sessions IN ASSEMBLY February 14, 2017 ___________ Introduced by M. of A. CURRAN, BUTLER, FINCH, RAIA, HARRIS -- Multi- Sponsored by -- M. of A. BARCLAY, HAWLEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to carjacking The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new article 161 to 2 read as follows: 3 ARTICLE 161 4 CARJACKING 5 Section 161.00 Carjacking; defined. 6 161.05 Carjacking in the third degree. 7 161.10 Carjacking in the second degree. 8 161.15 Carjacking in the first degree. 9 § 161.00 Carjacking; defined. 10 Carjacking. A person commits carjacking when, in the course of 11 committing larceny of a motor vehicle from the person or presence of 12 another person, he or she uses or threatens the immediate use of phys- 13 ical force upon another person for the purpose of: 14 1. Preventing or overcoming resistance to the taking of the motor 15 vehicle or to the retention thereof immediately after the taking; or 16 2. Compelling the owner of such motor vehicle or another person to 17 deliver up the motor vehicle or to engage in other conduct which aids in 18 the commission of the larceny. 19 § 161.05 Carjacking in the third degree. 20 A person is guilty of carjacking in the third degree when he or she 21 forcibly steals a motor vehicle from the person or presence of another 22 person. 23 Carjacking in the third degree is a class D felony. 24 § 161.10 Carjacking in the second degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08543-01-7A. 5701 2 1 A person is guilty of carjacking in the second degree when he or she 2 forcibly steals a motor vehicle from the person or presence of another 3 person and when: 4 1. He or she is aided by another person actually present; or 5 2. In the course of the commission of the crime or of immediate 6 flight therefrom, he or she or another participant in the crime: 7 (a) Causes physical injury to any person who is not a participant in 8 the crime; or 9 (b) Displays what appears to be a pistol, revolver, rifle, shotgun, 10 machine gun or other firearm. 11 Carjacking in the second degree is a class C felony. 12 § 161.15 Carjacking in the first degree. 13 A person is guilty of carjacking in the first degree when he or she 14 forcibly steals a motor vehicle from the person or presence of another 15 person and when, in the course of the commission of the crime or of 16 immediate flight therefrom, he or she or another participant in the 17 crime: 18 1. Causes serious physical injury to any person who is not a partic- 19 ipant in the crime; or 20 2. Is armed with a deadly weapon; or 21 3. Uses or threatens the immediate use of a dangerous instrument; or 22 4. Displays what appears to be a pistol, revolver, rifle, shotgun, 23 machine gun or other firearm; except that in any prosecution under this 24 subdivision, it is an affirmative defense that such pistol, revolver, 25 rifle, shotgun, machine gun or other firearm was not a loaded weapon 26 from which a shot, readily capable of producing death or other serious 27 physical injury, could be discharged. Nothing contained in this subdi- 28 vision shall constitute a defense to a prosecution for, or preclude a 29 conviction of, carjacking in the second degree, carjacking in the third 30 degree or any other crime. 31 Carjacking in the first degree is a class B felony. 32 § 2. Subdivision 1 of section 70.02 of the penal law, as separately 33 amended by chapters 764 and 765 of the laws of 2005, paragraphs (a) and 34 (c) as amended by chapter 368 of the laws of 2015, paragraph (b) as 35 amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by 36 chapter 7 of the laws of 2007, is amended to read as follows: 37 1. Definition of a violent felony offense. A violent felony offense is 38 a class B violent felony offense, a class C violent felony offense, a 39 class D violent felony offense, or a class E violent felony offense, 40 defined as follows: 41 (a) Class B violent felony offenses: an attempt to commit the class 42 A-I felonies of murder in the second degree as defined in section 43 125.25, kidnapping in the first degree as defined in section 135.25, and 44 arson in the first degree as defined in section 150.20; manslaughter in 45 the first degree as defined in section 125.20, aggravated manslaughter 46 in the first degree as defined in section 125.22, rape in the first 47 degree as defined in section 130.35, criminal sexual act in the first 48 degree as defined in section 130.50, aggravated sexual abuse in the 49 first degree as defined in section 130.70, course of sexual conduct 50 against a child in the first degree as defined in section 130.75; 51 assault in the first degree as defined in section 120.10, kidnapping in 52 the second degree as defined in section 135.20, burglary in the first 53 degree as defined in section 140.30, arson in the second degree as 54 defined in section 150.15, robbery in the first degree as defined in 55 section 160.15, carjacking in the first degree as defined in section 56 161.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-A. 5701 3 1 sion five of section 230.34, incest in the first degree as defined in 2 section 255.27, criminal possession of a weapon in the first degree as 3 defined in section 265.04, criminal use of a firearm in the first degree 4 as defined in section 265.09, criminal sale of a firearm in the first 5 degree as defined in section 265.13, aggravated assault upon a police 6 officer or a peace officer as defined in section 120.11, gang assault in 7 the first degree as defined in section 120.07, intimidating a victim or 8 witness in the first degree as defined in section 215.17, hindering 9 prosecution of terrorism in the first degree as defined in section 10 490.35, criminal possession of a chemical weapon or biological weapon in 11 the second degree as defined in section 490.40, and criminal use of a 12 chemical weapon or biological weapon in the third degree as defined in 13 section 490.47. 14 (b) Class C violent felony offenses: an attempt to commit any of the 15 class B felonies set forth in paragraph (a) of this subdivision; aggra- 16 vated criminally negligent homicide as defined in section 125.11, aggra- 17 vated manslaughter in the second degree as defined in section 125.21, 18 aggravated sexual abuse in the second degree as defined in section 19 130.67, assault on a peace officer, police officer, fireman or emergency 20 medical services professional as defined in section 120.08, assault on a 21 judge as defined in section 120.09, gang assault in the second degree as 22 defined in section 120.06, strangulation in the first degree as defined 23 in section 121.13, burglary in the second degree as defined in section 24 140.25, robbery in the second degree as defined in section 160.10, 25 carjacking in the second degree as defined in section 161.10, criminal 26 possession of a weapon in the second degree as defined in section 27 265.03, criminal use of a firearm in the second degree as defined in 28 section 265.08, criminal sale of a firearm in the second degree as 29 defined in section 265.12, criminal sale of a firearm with the aid of a 30 minor as defined in section 265.14, aggravated criminal possession of a 31 weapon as defined in section 265.19, soliciting or providing support for 32 an act of terrorism in the first degree as defined in section 490.15, 33 hindering prosecution of terrorism in the second degree as defined in 34 section 490.30, and criminal possession of a chemical weapon or biolog- 35 ical weapon in the third degree as defined in section 490.37. 36 (c) Class D violent felony offenses: an attempt to commit any of the 37 class C felonies set forth in paragraph (b); reckless assault of a child 38 as defined in section 120.02, assault in the second degree as defined in 39 section 120.05, menacing a police officer or peace officer as defined in 40 section 120.18, stalking in the first degree, as defined in subdivision 41 one of section 120.60, strangulation in the second degree as defined in 42 section 121.12, rape in the second degree as defined in section 130.30, 43 criminal sexual act in the second degree as defined in section 130.45, 44 sexual abuse in the first degree as defined in section 130.65, course of 45 sexual conduct against a child in the second degree as defined in 46 section 130.80, aggravated sexual abuse in the third degree as defined 47 in section 130.66, facilitating a sex offense with a controlled 48 substance as defined in section 130.90, labor trafficking as defined in 49 paragraphs (a) and (b) of subdivision three of section 135.35, carjack- 50 ing in the third degree as defined in section 161.05, criminal 51 possession of a weapon in the third degree as defined in subdivision 52 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 53 a firearm in the third degree as defined in section 265.11, intimidating 54 a victim or witness in the second degree as defined in section 215.16, 55 soliciting or providing support for an act of terrorism in the second 56 degree as defined in section 490.10, and making a terroristic threat asA. 5701 4 1 defined in section 490.20, falsely reporting an incident in the first 2 degree as defined in section 240.60, placing a false bomb or hazardous 3 substance in the first degree as defined in section 240.62, placing a 4 false bomb or hazardous substance in a sports stadium or arena, mass 5 transportation facility or enclosed shopping mall as defined in section 6 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 7 first degree as defined in section 405.18. 8 (d) Class E violent felony offenses: an attempt to commit any of the 9 felonies of criminal possession of a weapon in the third degree as 10 defined in subdivision five, six, seven or eight of section 265.02 as a 11 lesser included offense of that section as defined in section 220.20 of 12 the criminal procedure law, persistent sexual abuse as defined in 13 section 130.53, aggravated sexual abuse in the fourth degree as defined 14 in section 130.65-a, falsely reporting an incident in the second degree 15 as defined in section 240.55 and placing a false bomb or hazardous 16 substance in the second degree as defined in section 240.61. 17 § 3. This act shall take effect on the first of November next succeed- 18 ing the date on which it shall have become a law; provided, however, 19 that the amendments to paragraphs (b) and (c) of subdivision 1 of 20 section 70.02 of the penal law, as made by section two of this act, 21 shall take effect on the same date and in the same manner as section 27 22 of chapter 1 of the laws of 2013, took effect.
