Bill Text: NY A06330 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law, in relation to carjacking
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A06330 Detail]
Download: New_York-2009-A06330-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6330 2009-2010 Regular Sessions I N A S S E M B L Y March 2, 2009 ___________ Introduced by M. of A. BARRA, KOLB -- 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 S 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 S 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 S 161.10 CARJACKING IN THE SECOND DEGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07279-01-9 A. 6330 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 S 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 S 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, paragraph (a) as 34 amended by chapter 320 of the laws of 2006 and paragraphs (c) and (d) as 35 amended by chapter 7 of the laws of 2007, is amended to read as follows: 36 1. Definition of a violent felony offense. A violent felony offense is 37 a class B violent felony offense, a class C violent felony offense, a 38 class D violent felony offense, or a class E violent felony offense, 39 defined as follows: 40 (a) Class B violent felony offenses: an attempt to commit the class 41 A-I felonies of murder in the second degree as defined in section 42 125.25, kidnapping in the first degree as defined in section 135.25, and 43 arson in the first degree as defined in section 150.20; manslaughter in 44 the first degree as defined in section 125.20, aggravated manslaughter 45 in the first degree as defined in section 125.22, rape in the first 46 degree as defined in section 130.35, criminal sexual act in the first 47 degree as defined in section 130.50, aggravated sexual abuse in the 48 first degree as defined in section 130.70, course of sexual conduct 49 against a child in the first degree as defined in section 130.75; 50 assault in the first degree as defined in section 120.10, kidnapping in 51 the second degree as defined in section 135.20, burglary in the first 52 degree as defined in section 140.30, arson in the second degree as 53 defined in section 150.15, robbery in the first degree as defined in 54 section 160.15, CARJACKING IN THE FIRST DEGREE AS DEFINED IN SECTION 55 161.15, incest in the first degree as defined in section 255.27, crimi- 56 nal possession of a weapon in the first degree as defined in section A. 6330 3 1 265.04, criminal use of a firearm in the first degree as defined in 2 section 265.09, criminal sale of a firearm in the first degree as 3 defined in section 265.13, aggravated assault upon a police officer or a 4 peace officer as defined in section 120.11, gang assault in the first 5 degree as defined in section 120.07, intimidating a victim or witness in 6 the first degree as defined in section 215.17, hindering prosecution of 7 terrorism in the first degree as defined in section 490.35, criminal 8 possession of a chemical weapon or biological weapon in the second 9 degree as defined in section 490.40, and criminal use of a chemical 10 weapon or biological weapon in the third degree as defined in section 11 490.47. 12 (b) Class C violent felony offenses: an attempt to commit any of the 13 class B felonies set forth in paragraph (a); aggravated criminally 14 negligent homicide as defined in section 125.11, aggravated manslaughter 15 in the second degree as defined in section 125.21, aggravated sexual 16 abuse in the second degree as defined in section 130.67, assault on a 17 peace officer, police officer, fireman or emergency medical services 18 professional as defined in section 120.08, gang assault in the second 19 degree as defined in section 120.06, burglary in the second degree as 20 defined in section 140.25, robbery in the second degree as defined in 21 section 160.10, CARJACKING IN THE SECOND DEGREE AS DEFINED IN SECTION 22 161.10, criminal possession of a weapon in the second degree as defined 23 in section 265.03, criminal use of a firearm in the second degree as 24 defined in section 265.08, criminal sale of a firearm in the second 25 degree as defined in section 265.12, criminal sale of a firearm with the 26 aid of a minor as defined in section 265.14, soliciting or providing 27 support for an act of terrorism in the first degree as defined in 28 section 490.15, hindering prosecution of terrorism in the second degree 29 as defined in section 490.30, and criminal possession of a chemical 30 weapon or biological weapon in the third degree as defined in section 31 490.37. 32 (c) Class D violent felony offenses: an attempt to commit any of the 33 class C felonies set forth in paragraph (b); reckless assault of a child 34 as defined in section 120.02, assault in the second degree as defined in 35 section 120.05, menacing a police officer or peace officer as defined in 36 section 120.18, stalking in the first degree, as defined in subdivision 37 one of section 120.60, rape in the second degree as defined in section 38 130.30, criminal sexual act in the second degree as defined in section 39 130.45, sexual abuse in the first degree as defined in section 130.65, 40 course of sexual conduct against a child in the second degree as defined 41 in section 130.80, aggravated sexual abuse in the third degree as 42 defined in section 130.66, facilitating a sex offense with a controlled 43 substance as defined in section 130.90, CARJACKING IN THE THIRD DEGREE 44 AS DEFINED IN SECTION 161.05, criminal possession of a weapon in the 45 third degree as defined in subdivision five, six, seven or eight of 46 section 265.02, criminal sale of a firearm in the third degree as 47 defined in section 265.11, intimidating a victim or witness in the 48 second degree as defined in section 215.16, soliciting or providing 49 support for an act of terrorism in the second degree as defined in 50 section 490.10, and making a terroristic threat as defined in section 51 490.20, falsely reporting an incident in the first degree as defined in 52 section 240.60, placing a false bomb or hazardous substance in the first 53 degree as defined in section 240.62, placing a false bomb or hazardous 54 substance in a sports stadium or arena, mass transportation facility or 55 enclosed shopping mall as defined in section 240.63, and aggravated A. 6330 4 1 unpermitted use of indoor pyrotechnics in the first degree as defined in 2 section 405.18. 3 (d) Class E violent felony offenses: an attempt to commit any of the 4 felonies of criminal possession of a weapon in the third degree as 5 defined in subdivision five, six, seven or eight of section 265.02 as a 6 lesser included offense of that section as defined in section 220.20 of 7 the criminal procedure law, persistent sexual abuse as defined in 8 section 130.53, aggravated sexual abuse in the fourth degree as defined 9 in section 130.65-a, falsely reporting an incident in the second degree 10 as defined in section 240.55 and placing a false bomb or hazardous 11 substance in the second degree as defined in section 240.61. 12 S 3. This act shall take effect on the first of November next succeed- 13 ing the date on which it shall have become a law.