senate Bill S2510

Signed by Governor Amended

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 24 / Jan / 2011
    • REFERRED TO CODES
  • 05 / Apr / 2011
    • 1ST REPORT CAL.307
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING (T) 2510A
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CODES
  • 15 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 15 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 15 / Jun / 2011
    • AMENDED ON THIRD READING (T) 2510B
  • 20 / Jun / 2011
    • REPASSED SENATE
  • 20 / Jun / 2011
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO CODES
  • 23 / Jun / 2011
    • SUBSTITUTED FOR A4835B
  • 23 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.608
  • 23 / Jun / 2011
    • PASSED ASSEMBLY
  • 23 / Jun / 2011
    • RETURNED TO SENATE
  • 22 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 03 / Aug / 2011
    • SIGNED CHAP.327

Summary

Establishes the offense of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, a class D felony.

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Bill Details

Versions:
S2510
S2510A
S2510B
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Add §§265.00, 265.02 & 165.10, add 265.18, Pen L , Pen L; amd §398-e, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A3510
2007-2008: A1796

Votes

7
3
7
Aye
3
Nay
3
aye with reservations
0
absent
3
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S2510

TITLE OF BILL:
An act
to amend the penal law and the vehicle and traffic law, in relation to
unlawfully installing or possessing a concealed vehicular compartment

SUMMARY OF PROVISIONS:
This bill would amend the penal law by adding
two new sections, 270.40 and 270.45, defining the crimes of
unlawfully installing or possessing a concealed vehicular compartment
in the first and second degree. The penalty for the first degree
offense would be a class E felony and the second degree offense
would be a
class A misdemeanor. It would also amend subdivision one of Section
398-e of the vehicle and traffic law to permit the Commissioner of
Motor Vehicles to suspend or revoke the registration of a motor
vehicle repair shop where an owner or employee is found guilty of
such crimes.

JUSTIFICATION:
Law enforcement personnel nationwide was well as within
New York State have witnessed a surge in the number of hidden
compartments found in motor vehicles. With the advent of advanced
electronics, these concealed compartments have become ever more
difficult to find. They are often opened only by pressing various
control buttons already in the vehicle in a sequence only known to
the owner. The compartments ordinarily have no legitimate purpose and
are utilized exclusively to evade detection by law enforcement
officers investigating drug and gun trafficking among other crimes.
Secret vehicle compartments are used to transport weapons and
controlled substances, and even to smuggle human beings- there have
even been instances of
individuals being hidden in compartments built into dashboards, under
floor boards and even inside car seats.

An even more disturbing phenomenon is the fact that these secret
compartments are sometimes "booby-trapped" causing serious risk to
law enforcement officers seeking to locate and access them by
overriding the control sequence or otherwise breaking them open.

There is a substantial profit motive for creating such compartments;
unscrupulous installers currently charge up to $10,000 for
installation of a secret compartment in a vehicle, with full
knowledge of the illegal purposes for which it will be used. For that
reason, the proposed bill seeks to deter such conduct by subjecting
the registration of a motor vehicle repair shop to suspension or
revocation if it is found to have knowingly engaged in this practice.

The enactment of this legislation will increase public safety and
protect law enforcement personnel investigating illegal trafficking
by making both the persons who install these compartments with the
knowledge of their proposed illegal use and the traffickers who use
them accountable.

PRIOR LEGISLATIVE HISTORY:


None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2510

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation  to unlawfully installing or possessing a concealed vehicular
  compartment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 270.40
and 270.45 to read as follows:
S 270.40 UNLAWFULLY  INSTALLING  OR  POSSESSING  A  CONCEALED  VEHICULAR
           COMPARTMENT IN THE SECOND DEGREE.
  1.  A  PERSON  IS  GUILTY  OF  UNLAWFULLY  INSTALLING  OR POSSESSING A
CONCEALED VEHICULAR COMPARTMENT IN THE SECOND DEGREE  WHEN  SUCH  PERSON
KNOWINGLY:
  (A)  OWNS,  OPERATES  OR  POSSESSES  A  VEHICLE CONTAINING A CONCEALED
VEHICULAR COMPARTMENT; OR
  (B) DESIGNS, INSTALLS, FABRICATES OR  CREATES  A  CONCEALED  VEHICULAR
COMPARTMENT IN A VEHICLE.
  2.  AS  USED IN THIS SECTION "CONCEALED VEHICULAR COMPARTMENT" MEANS A
HIDDEN OR CONCEALED ENCLOSURE OR COMPARTMENT INTEGRATED INTO  A  VEHICLE
THAT  IS  INTENDED OR DESIGNED TO BE USED TO TRANSPORT, CONCEAL, HIDE OR
PREVENT DISCOVERY BY LAW ENFORCEMENT OFFICERS OF PROPERTY  POSSESSED  IN
VIOLATION OF LAW, PROPERTY USED OR INTENDED FOR USE IN THE COMMISSION OF
A CRIME OR OF PERSONS IN VIOLATION OF LAW.
  3.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A HIDDEN OR CONCEALED
ENCLOSURE OR COMPARTMENT  INTEGRATED  INTO  A  VEHICLE  IS  INTENDED  OR
DESIGNED  TO BE USED TO TRANSPORT, CONCEAL, HIDE OR PREVENT DISCOVERY BY
LAW ENFORCEMENT OFFICERS OF PROPERTY  POSSESSED  IN  VIOLATION  OF  LAW,
PROPERTY  USED  OR  INTENDED  FOR USE IN THE COMMISSION OF A CRIME OR OF
PERSONS IN VIOLATION OF LAW WHEN  THERE  ARE  FACTORS  FROM  WHICH  SUCH
INTENT OR DESIGN MAY REASONABLY BE INFERRED INCLUDING BUT NOT LIMITED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-01-1

S. 2510                             2

THE  DISCOVERY  OF  A  PERSON,  FIREARM,  CONTROLLED  SUBSTANCE OR OTHER
CONTRABAND WITHIN SUCH COMPARTMENT OR THE DISCOVERY OF EVIDENCE  OF  THE
PREVIOUS  PLACEMENT  OF A PERSON, FIREARM, CONTROLLED SUBSTANCE OR OTHER
CONTRABAND WITHIN SUCH COMPARTMENT.
  UNLAWFULLY  INSTALLING OR POSSESSING A CONCEALED VEHICULAR COMPARTMENT
IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 270.45 UNLAWFULLY  INSTALLING  OR  POSSESSING  A  CONCEALED  VEHICULAR
             COMPARTMENT IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF UNLAWFULLY INSTALLING OR POSSESSING A CONCEALED
VEHICULAR COMPARTMENT IN THE FIRST DEGREE WHEN SUCH PERSON  COMMITS  THE
CRIME  OF  UNLAWFULLY  INSTALLING  OR  POSSESSING  A CONCEALED VEHICULAR
COMPARTMENT IN THE SECOND DEGREE AND:
  1. SUCH CONCEALED VEHICULAR COMPARTMENT OR THE VEHICLE IN WHICH IT  IS
INSTALLED  IS  EQUIPPED WITH AN EXPLOSIVE DEVICE OR OTHERWISE CREATES OR
IS DESIGNED TO CREATE A SUBSTANTIAL RISK OF PHYSICAL INJURY TO A  PERSON
WHO ATTEMPTS UNWELCOME ACCESS OF SUCH COMPARTMENT; OR
  2. SUCH CONCEALED VEHICULAR COMPARTMENT IS USED IN THE COMMISSION OF A
CRIME OR TO CONCEAL EVIDENCE OF A CRIME.
  UNLAWFULLY  INSTALLING OR POSSESSING A CONCEALED VEHICULAR COMPARTMENT
IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. Paragraphs (j) and (k) of subdivision 1 of section 398-e  of  the
vehicle  and traffic law, as amended by chapter 634 of the laws of 1980,
are amended and a new paragraph (l) is added to read as follows:
  (j) has knowingly issued a false or misleading estimate; [or]
  (k) has engaged in a course of conduct which unreasonably  impedes  or
delays  a consumer's right to a fair recovery pursuant to the provisions
of an automobile insurance policy,  the  insurance  law  or  regulations
issued  by  the superintendent of insurance governing the evaluation and
adjustments of claims; OR
  (L) HAS BEEN GUILTY OF UNLAWFULLY INSTALLING OR POSSESSING A CONCEALED
VEHICULAR COMPARTMENT IN VIOLATION OF SECTION 270.40 OF THE PENAL LAW.
  S 3. The closing paragraph of subdivision 1 of section  398-e  of  the
vehicle  and traffic law, as amended by chapter 634 of the laws of 1980,
is amended to read as follows:
  For the purposes of paragraphs (g), (h), (i), (j) [and], (k)  AND  (L)
of  this  subdivision,  it  shall  be  presumed  that the actions of any
employee of a motor vehicle repair shop shall be  attributable  to,  and
deemed to be the actions of, such motor vehicle repair shop.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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