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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6141
SPONSOR: Curran TITLE OF BILL:
An act to amend the penal law, in relation to carjacking
PURPOSE OR GENERAL IDEA OF BILL:
To upgrade the crime of possession of stolen vehicles or stolen vehicle
parts and to include carjacking as a specific crime in the State of New
York.
SUMMARY OF PROVISIONS:
To amend the penal law; upgrade the crime of possession of stolen vehi-
cles or stolen vehicle parts and to include carjacking as a specific
crime in the State of New York.
JUSTIFICATION:
During the last decade, as the price of motor vehicles has increased
dramatically, law enforcement has seen, an equally dramatic increase in
vehicle thefts for unlawful business purposes in the form of chop shops
as well.as the alteration and resale of stolen vehicles for shipment
both in the United States and abroad.
Unfortunately, when apprehensions are effectuated the most appropriate
charge is usually Criminal Possession of Stolen Property in the Fourth
Degree, a Class HE Felony. This low grade felony is often plea bargained
to a lower grade felony or a misdemeanor. Consequently, the current
penalties do not fit the crime, especially when the parts of one new
Cadillac sell for over $60,000.
The proposed legislation would recognize vehicle theft as a unique high
profit crime and would designate more appropriate penalties. Within the
last year, carjackings have become a popular method for stealing a motor
vehicle. In Nassau County alone there were 48 carjackings in the first
11 months of 1992. Carjackings have become as vicious as "push in"
burglaries and robberies. Defendants should be severely punished for
stealing automobiles by threat or force. Hopefully this bill will allow
individuals once more to feel safe while in their automobiles.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law; provided, however, that the
amendments to paragraphs (b) and (c) of subdivision 1 of section 70.02
of the penal law, as made by section two of this act, shall take effect
on the same date and in the same manner as section 27 of chapter 1 of
the laws of 2013, took effect.
