S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5701
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of  A. CURRAN, BUTLER, FINCH, RAIA, HARRIS -- Multi-
   Sponsored by -- M.  of A. BARCLAY, HAWLEY -- 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:

   Section  1.  The  penal  law is amended by adding a new article 161 to
 read as follows:
                                ARTICLE 161
                                CARJACKING
 SECTION 161.00 CARJACKING; DEFINED.
         161.05 CARJACKING IN THE THIRD DEGREE.
         161.10 CARJACKING IN THE SECOND DEGREE.
         161.15 CARJACKING IN THE FIRST DEGREE.
 § 161.00  CARJACKING; DEFINED.
   CARJACKING.   A PERSON COMMITS  CARJACKING  WHEN,  IN  THE  COURSE  OF
 COMMITTING  LARCENY  OF  A  MOTOR VEHICLE FROM THE PERSON OR PRESENCE OF
 ANOTHER PERSON, HE OR SHE USES OR THREATENS THE IMMEDIATE USE  OF  PHYS-
 ICAL FORCE UPON ANOTHER PERSON FOR THE PURPOSE OF:
   1.    PREVENTING  OR  OVERCOMING RESISTANCE TO THE TAKING OF THE MOTOR
 VEHICLE OR TO THE RETENTION THEREOF IMMEDIATELY AFTER THE TAKING; OR
   2.  COMPELLING THE OWNER OF SUCH MOTOR VEHICLE OR  ANOTHER  PERSON  TO
 DELIVER UP THE MOTOR VEHICLE OR TO ENGAGE IN OTHER CONDUCT WHICH AIDS IN
 THE COMMISSION OF THE LARCENY.
 § 161.05  CARJACKING IN THE THIRD DEGREE.
   A  PERSON  IS  GUILTY OF CARJACKING IN THE THIRD DEGREE WHEN HE OR SHE
 FORCIBLY STEALS A MOTOR VEHICLE FROM THE PERSON OR PRESENCE  OF  ANOTHER
 PERSON.
   CARJACKING IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 161.10  CARJACKING IN THE SECOND DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08543-01-7
              

 A. 5701                             2
 
   A  PERSON  IS GUILTY OF CARJACKING IN THE SECOND DEGREE WHEN HE OR SHE
 FORCIBLY STEALS A MOTOR VEHICLE FROM THE PERSON OR PRESENCE  OF  ANOTHER
 PERSON AND WHEN:
   1.  HE OR SHE IS AIDED BY ANOTHER PERSON ACTUALLY PRESENT; OR
   2.    IN  THE  COURSE  OF  THE COMMISSION OF THE CRIME OR OF IMMEDIATE
 FLIGHT THEREFROM, HE OR SHE OR ANOTHER PARTICIPANT IN THE CRIME:
   (A)  CAUSES PHYSICAL INJURY TO ANY PERSON WHO IS NOT A PARTICIPANT  IN
 THE CRIME; OR
   (B)    DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN,
 MACHINE GUN OR OTHER FIREARM.
   CARJACKING IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 161.15  CARJACKING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CARJACKING IN THE FIRST DEGREE WHEN  HE  OR  SHE
 FORCIBLY  STEALS  A MOTOR VEHICLE FROM THE PERSON OR PRESENCE OF ANOTHER
 PERSON AND WHEN, IN THE COURSE OF THE COMMISSION  OF  THE  CRIME  OR  OF
 IMMEDIATE  FLIGHT  THEREFROM,  HE  OR  SHE OR ANOTHER PARTICIPANT IN THE
 CRIME:
   1.  CAUSES SERIOUS PHYSICAL INJURY TO ANY PERSON WHO IS NOT A  PARTIC-
 IPANT IN THE CRIME; OR
   2.  IS ARMED WITH A DEADLY WEAPON; OR
   3.  USES OR THREATENS THE IMMEDIATE USE OF A DANGEROUS INSTRUMENT; OR
   4.    DISPLAYS  WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN,
 MACHINE GUN OR OTHER FIREARM; EXCEPT THAT IN ANY PROSECUTION UNDER  THIS
 SUBDIVISION,  IT  IS  AN AFFIRMATIVE DEFENSE THAT SUCH PISTOL, REVOLVER,
 RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM WAS  NOT  A  LOADED  WEAPON
 FROM  WHICH  A SHOT, READILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS
 PHYSICAL INJURY, COULD BE DISCHARGED.  NOTHING CONTAINED IN THIS  SUBDI-
 VISION  SHALL  CONSTITUTE  A DEFENSE TO A PROSECUTION FOR, OR PRECLUDE A
 CONVICTION OF,  CARJACKING IN THE SECOND DEGREE, CARJACKING IN THE THIRD
 DEGREE OR ANY OTHER CRIME.
   CARJACKING IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 2. Subdivision 1 of section 70.02 of the penal  law,  as  separately
 amended  by chapters 764 and 765 of the laws of 2005, paragraphs (a) and
 (c) as amended by chapter 368 of the laws  of  2015,  paragraph  (b)  as
 amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   1. Definition of a violent felony offense. A violent felony offense is
 a  class  B  violent felony offense, a class C violent felony offense, a
 class D violent felony offense, or a class  E  violent  felony  offense,
 defined as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 first degree as defined in section  130.70,  course  of  sexual  conduct
 against  a  child  in  the  first  degree  as defined in section 130.75;
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, CARJACKING IN THE FIRST DEGREE  AS  DEFINED  IN  SECTION
 161.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-

 A. 5701                             3

 sion  five  of  section 230.34, incest in the first degree as defined in
 section 255.27, criminal possession of a weapon in the first  degree  as
 defined in section 265.04, criminal use of a firearm in the first degree
 as  defined  in  section 265.09, criminal sale of a firearm in the first
 degree as defined in section 265.13, aggravated assault  upon  a  police
 officer or a peace officer as defined in section 120.11, gang assault in
 the  first degree as defined in section 120.07, intimidating a victim or
 witness in the first degree as  defined  in  section  215.17,  hindering
 prosecution  of  terrorism  in  the  first  degree as defined in section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the second degree as defined in section 490.40, and criminal  use  of  a
 chemical  weapon  or biological weapon in the third degree as defined in
 section 490.47.
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, fireman or emergency
 medical services professional as defined in section 120.08, assault on a
 judge as defined in section 120.09, gang assault in the second degree as
 defined in section 120.06, strangulation in the first degree as  defined
 in  section  121.13, burglary in the second degree as defined in section
 140.25, robbery in the second  degree  as  defined  in  section  160.10,
 CARJACKING  IN  THE SECOND DEGREE AS DEFINED IN SECTION 161.10, criminal
 possession of a weapon in  the  second  degree  as  defined  in  section
 265.03,  criminal  use  of  a firearm in the second degree as defined in
 section 265.08, criminal sale of a  firearm  in  the  second  degree  as
 defined  in section 265.12, criminal sale of a firearm with the aid of a
 minor as defined in section 265.14, aggravated criminal possession of  a
 weapon as defined in section 265.19, soliciting or providing support for
 an  act  of  terrorism in the first degree as defined in section 490.15,
 hindering prosecution of terrorism in the second degree  as  defined  in
 section  490.30, and criminal possession of a chemical weapon or biolog-
 ical weapon in the third degree as defined in section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual  conduct  against  a  child  in  the  second degree as defined in
 section 130.80, aggravated sexual abuse in the third degree  as  defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance as defined in section 130.90, labor trafficking as defined  in
 paragraphs  (a) and (b) of subdivision three of section 135.35, CARJACK-
 ING  IN  THE  THIRD  DEGREE  AS  DEFINED  IN  SECTION  161.05,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a victim or witness in the second degree as defined in  section  215.16,
 soliciting  or  providing  support for an act of terrorism in the second
 degree as defined in section 490.10, and making a terroristic threat  as

 A. 5701                             4
 
 defined  in  section  490.20, falsely reporting an incident in the first
 degree as defined in section 240.60, placing a false bomb  or  hazardous
 substance  in  the  first degree as defined in section 240.62, placing a
 false  bomb  or  hazardous  substance in a sports stadium or arena, mass
 transportation facility or enclosed shopping mall as defined in  section
 240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
 first degree as defined in section 405.18.
   (d) Class E violent felony offenses: an attempt to commit any  of  the
 felonies  of  criminal  possession  of  a  weapon in the third degree as
 defined in subdivision five, six, seven or eight of section 265.02 as  a
 lesser  included offense of that section as defined in section 220.20 of
 the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
 section  130.53, aggravated sexual abuse in the fourth degree as defined
 in section 130.65-a, falsely reporting an incident in the second  degree
 as  defined  in  section  240.55  and  placing a false bomb or hazardous
 substance in the second degree as defined in section 240.61.
   § 3. This act shall take effect on the first of November next succeed-
 ing 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.