A06141 Summary:

BILL NOA06141
 
SAME ASNo Same As
 
SPONSORCurran
 
COSPNSR
 
MLTSPNSR
 
Add Art 161 §§161.00 - 161.15, amd §70.02, Pen L
 
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.
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A06141 Actions:

BILL NOA06141
 
04/03/2023referred to codes
01/03/2024referred to codes
05/14/2024held for consideration in codes
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A06141 Committee Votes:

CODES Chair:Dinowitz DATE:05/14/2024AYE/NAY:14/7 Action: Held for Consideration
DinowitzAyeMorinelloNay
PretlowAyeReillyNay
CookAyeMikulinNay
LavineAyeTannousisNay
WeprinAyeCurranNay
HevesiAyeAngelinoNay
SeawrightExcusedFloodNay
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye
SimonAye
EpsteinAye
BoresAye

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A06141 Floor Votes:

There are no votes for this bill in this legislative session.
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A06141 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6141
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced by M. of A. CURRAN -- 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.
                                                                   LBD10541-01-3

        A. 6141                             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, paragraph (a) as
    34  amended by chapter 189 of the laws of 2018, paragraph (b) as amended  by
    35  chapter  94 of the laws of 2020, paragraph (c) as amended by chapter 134
    36  of the laws of 2019 and paragraph (d) as amended by  chapter  7  of  the
    37  laws of 2007, is amended to read as follows:
    38    1. Definition of a violent felony offense. A violent felony offense is
    39  a  class  B  violent felony offense, a class C violent felony offense, a
    40  class D violent felony offense, or a class  E  violent  felony  offense,
    41  defined as follows:
    42    (a)  Class  B  violent felony offenses: an attempt to commit the class
    43  A-I felonies of murder in  the  second  degree  as  defined  in  section
    44  125.25, kidnapping in the first degree as defined in section 135.25, and
    45  arson  in the first degree as defined in section 150.20; manslaughter in
    46  the first degree as defined in section 125.20,  aggravated  manslaughter
    47  in  the  first  degree  as  defined in section 125.22, rape in the first
    48  degree as defined in section 130.35, criminal sexual act  in  the  first
    49  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    50  first degree as defined in section  130.70,  course  of  sexual  conduct
    51  against  a  child  in  the  first  degree  as defined in section 130.75;
    52  assault in the first degree as defined in section 120.10, kidnapping  in
    53  the  second  degree  as defined in section 135.20, burglary in the first
    54  degree as defined in section 140.30,  arson  in  the  second  degree  as
    55  defined  in  section  150.15,  robbery in the first degree as defined in
    56  section 160.15, carjacking in the first degree  as  defined  in  section

        A. 6141                             3

     1  161.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
     2  sion  five  of  section 230.34, sex trafficking of a child as defined in
     3  section 230.34-a, incest in the  first  degree  as  defined  in  section
     4  255.27,  criminal  possession of a weapon in the first degree as defined
     5  in section 265.04, criminal use of a firearm  in  the  first  degree  as
     6  defined  in  section  265.09,  criminal  sale  of a firearm in the first
     7  degree as defined in section 265.13, aggravated assault  upon  a  police
     8  officer or a peace officer as defined in section 120.11, gang assault in
     9  the  first degree as defined in section 120.07, intimidating a victim or
    10  witness in the first degree as  defined  in  section  215.17,  hindering
    11  prosecution  of  terrorism  in  the  first  degree as defined in section
    12  490.35, criminal possession of a chemical weapon or biological weapon in
    13  the second degree as defined in section 490.40, and criminal  use  of  a
    14  chemical  weapon  or biological weapon in the third degree as defined in
    15  section 490.47.
    16    (b) Class C violent felony offenses: an attempt to commit any  of  the
    17  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    18  vated criminally negligent homicide as defined in section 125.11, aggra-
    19  vated manslaughter in the second degree as defined  in  section  125.21,
    20  aggravated  sexual  abuse  in  the  second  degree as defined in section
    21  130.67, assault on a peace officer, police officer, firefighter or emer-
    22  gency medical  services  professional  as  defined  in  section  120.08,
    23  assault  on  a  judge  as defined in section 120.09, gang assault in the
    24  second degree as defined in section 120.06, strangulation in  the  first
    25  degree as defined in section 121.13, aggravated strangulation as defined
    26  in section 121.13-a, burglary in the second degree as defined in section
    27  140.25,  robbery  in  the  second  degree  as defined in section 160.10,
    28  carjacking in the second degree as defined in section  161.10,  criminal
    29  possession  of  a  weapon  in  the  second  degree as defined in section
    30  265.03, criminal use of a firearm in the second  degree  as  defined  in
    31  section  265.08,  criminal  sale  of  a  firearm in the second degree as
    32  defined in section 265.12, criminal sale of a firearm with the aid of  a
    33  minor  as defined in section 265.14, aggravated criminal possession of a
    34  weapon as defined in section 265.19, soliciting or providing support for
    35  an act of terrorism in the first degree as defined  in  section  490.15,
    36  hindering  prosecution  of  terrorism in the second degree as defined in
    37  section 490.30, and criminal possession of a chemical weapon or  biolog-
    38  ical weapon in the third degree as defined in section 490.37.
    39    (c)  Class  D violent felony offenses: an attempt to commit any of the
    40  class C felonies set forth in paragraph (b); reckless assault of a child
    41  as defined in section 120.02, assault in the second degree as defined in
    42  section 120.05, menacing a police officer or peace officer as defined in
    43  section 120.18, stalking in the first degree, as defined in  subdivision
    44  one  of section 120.60, strangulation in the second degree as defined in
    45  section 121.12, rape in the second degree as defined in section  130.30,
    46  criminal  sexual  act in the second degree as defined in section 130.45,
    47  sexual abuse in the first degree as defined in section 130.65, course of
    48  sexual conduct against a child  in  the  second  degree  as  defined  in
    49  section  130.80,  aggravated sexual abuse in the third degree as defined
    50  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    51  substance  as defined in section 130.90, labor trafficking as defined in
    52  paragraphs (a) and (b) of subdivision three of section 135.35,  carjack-
    53  ing  in  the  third  degree  as  defined  in  section  161.05,  criminal
    54  possession of a weapon in the third degree  as  defined  in  subdivision
    55  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    56  a firearm in the third degree as defined in section 265.11, intimidating

        A. 6141                             4
 
     1  a  victim  or witness in the second degree as defined in section 215.16,
     2  soliciting or providing support for an act of terrorism  in  the  second
     3  degree  as defined in section 490.10, and making a terroristic threat as
     4  defined  in  section  490.20, falsely reporting an incident in the first
     5  degree as defined in section 240.60, placing a false bomb  or  hazardous
     6  substance  in  the  first degree as defined in section 240.62, placing a
     7  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
     8  transportation  facility or enclosed shopping mall as defined in section
     9  240.63, aggravated unpermitted use of indoor pyrotechnics in  the  first
    10  degree  as defined in section 405.18, and criminal manufacture, sale, or
    11  transport of an undetectable firearm, rifle or  shotgun  as  defined  in
    12  section 265.50.
    13    (d)  Class  E violent felony offenses: an attempt to commit any of the
    14  felonies of criminal possession of a  weapon  in  the  third  degree  as
    15  defined  in subdivision five, six, seven or eight of section 265.02 as a
    16  lesser included offense of that section as defined in section 220.20  of
    17  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
    18  section 130.53, aggravated sexual abuse in the fourth degree as  defined
    19  in  section 130.65-a, falsely reporting an incident in the second degree
    20  as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
    21  substance in the second degree as defined in section 240.61.
    22    § 3. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.
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