Assembly Bill A3510

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

                                  3510

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
  tee 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.
                                                           LBD05526-01-9
              

A. 3510                             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.