senate Bill S2510B

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.327
Jul 22, 2011 delivered to governor
Jun 23, 2011 returned to senate
passed assembly
ordered to third reading rules cal.608
substituted for a4835b
Jun 20, 2011 referred to codes
returned to assembly
repassed senate
Jun 15, 2011 amended on third reading (t) 2510b
Jun 15, 2011 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Jun 13, 2011 referred to codes
delivered to assembly
passed senate
Jun 06, 2011 amended on third reading (t) 2510a
Apr 11, 2011 advanced to third reading
Apr 06, 2011 2nd report cal.
Apr 05, 2011 1st report cal.307
Jan 24, 2011 referred to codes

Votes

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Apr 5, 2011 - Codes committee Vote

S2510
7
3
committee
7
Aye
3
Nay
3
Aye with Reservations
0
Absent
3
Excused
0
Abstained
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Committee Vote: Apr 5, 2011

aye wr (3)
excused (3)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S2510 - Bill Details

See Assembly Version of this Bill:
A4835B
Law Section:
Penal Law
Laws Affected:
Add §195.17, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A3510

S2510 - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

S2510A - Bill Details

See Assembly Version of this Bill:
A4835B
Law Section:
Penal Law
Laws Affected:
Add §195.17, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A3510

S2510A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2510A

TITLE OF BILL:
An act
to amend the penal law, in relation to
vehicular compartments equipped with explosive devices

SUMMARY OF PROVISIONS:
This bill would amend the penal law by adding
two new sections, 270.25 and 270.26, 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 39B-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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2510--A
    Cal. No. 307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the penal law, in  relation  to  vehicular  compartments
  equipped with explosive devices

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 24 to read as follows:
  24. "VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE" MEANS AN
ENCLOSURE  OR  COMPARTMENT  INTEGRATED  INTO  A VEHICLE EQUIPPED WITH AN
EXPLOSIVE DEVICE OR  OTHERWISE  CREATES  OR  IS  DESIGNED  TO  CREATE  A
SUBSTANTIAL  RISK  OF PHYSICAL INJURY TO A PERSON WHO ATTEMPTS ACCESS OF
SUCH COMPARTMENT.
  S 2. Section 265.02 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  (4) SUCH PERSON KNOWINGLY POSSESSES ANY VEHICULAR COMPARTMENT EQUIPPED
WITH AN EXPLOSIVE DEVICE AS SUCH TERM IS DEFINED IN SUBDIVISION  TWENTY-
FOUR OF SECTION 265.00 OF THIS ARTICLE; OR
  S 3. Section 265.10 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8.  ANY PERSON WHO INSTALLS OR CAUSES TO BE INSTALLED INTO A VEHICLE A
VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM  IS
DEFINED  IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE IS
GUILTY OF A CLASS D FELONY.
  S 4. The penal law is amended by adding a new section 265.18  to  read
as follows:
S 265.18 CRIMINAL  PURCHASE  OF A VEHICULAR COMPARTMENT EQUIPPED WITH AN
           EXPLOSIVE DEVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-09-1

S. 2510--A                          2

  A PERSON IS GUILTY OF CRIMINAL PURCHASE  OF  A  VEHICULAR  COMPARTMENT
EQUIPPED WITH AN EXPLOSIVE DEVICE WHEN:
  1.  HE  OR  SHE  INSTALLS  OR  CAUSES TO BE INSTALLED INTO A VEHICLE A
VEHICULAR COMPARTMENT EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM  IS
DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE; OR
  2.  KNOWING  THAT  A  MOTOR  VEHICLE  CONTAINS A VEHICULAR COMPARTMENT
EQUIPPED WITH AN EXPLOSIVE DEVICE AS SUCH TERM IS DEFINED IN SUBDIVISION
TWENTY-FOUR OF SECTION 265.00 OF THIS ARTICLE, HE OR SHE PURCHASES  SUCH
A VEHICLE.
  CRIMINAL   PURCHASE  OF  A  VEHICULAR  COMPARTMENT  EQUIPPED  WITH  AN
EXPLOSIVE DEVICE IS A CLASS D FELONY.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S2510B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4835B
Law Section:
Penal Law
Laws Affected:
Add §195.17, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A3510

S2510B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2510B REVISED 08/24/11

TITLE OF BILL:
An act to amend the penal law, in relation to obstructing governmental
duties by means of a bomb, destructive device, explosive, or hazardous
substance

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend the penal law by adding a new section 195.17,
obstruction of governmental duties by means of a bomb, destructive
device, explosive, or hazardous substance. The penalty for this
offense would be a class D felony.

JUSTIFICATION:
Law enforcement personnel nationwide as well as within New York State
have seen a surge in the practice of felons, in particular
narco-traffickers, "booby-trapping" the transport and storage places
of their illegal goods. Such criminal undertakings pose a serious risk
to law enforcement officers and public officials seeking to prevent
the spread of illegal contraband in our communities. The enactment of
this legislation will increase public safety and protect law
enforcement personnel investigating illegal activities by making these
wrongdoers more accountable for their actions.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2510--B
    Cal. No. 307

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- passed by Senate and deliv-
  ered to the Assembly, recalled, vote reconsidered, restored  to  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the penal law, in relation to  obstructing  governmental
  duties by means of a bomb, destructive device, explosive, or hazardous
  substance

  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 a new section 195.17 to
read as follows:
S 195.17 OBSTRUCTION OF GOVERNMENTAL DUTIES BY MEANS OF A BOMB, DESTRUC-
           TIVE DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE.
  A PERSON IS GUILTY OF OBSTRUCTION OF GOVERNMENTAL DUTIES BY MEANS OF A
BOMB, DESTRUCTIVE DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE WHEN  HE  OR
SHE,  IN  FURTHERANCE  OF  A  FELONY  OFFENSE,  KNOWINGLY AND UNLAWFULLY
INSTALLS  OR  CAUSES  TO  BE  INSTALLED  A  BOMB,  DESTRUCTIVE   DEVICE,
EXPLOSIVE,  OR HAZARDOUS SUBSTANCE, IN ANY OBJECT, PLACE, OR COMPARTMENT
THAT IS SUBJECT TO A SEARCH SO AS TO OBSTRUCT, PREVENT, HINDER OR  DELAY
THE ADMINISTRATION OF LAW OR PERFORMANCE OF A GOVERNMENT FUNCTION.
  OBSTRUCTION  OF  GOVERNMENTAL  DUTIES  BY MEANS OF A BOMB, DESTRUCTIVE
DEVICE, EXPLOSIVE, OR HAZARDOUS SUBSTANCE IS A CLASS D FELONY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05741-11-1

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