S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6141
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. CURRAN -- 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.
                                                            LBD10541-01-3
 A. 6141                             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, paragraph (a) as
 amended by chapter 189 of the laws of 2018, paragraph (b) as amended  by
 chapter  94 of the laws of 2020, paragraph (c) as amended by chapter 134
 of the laws of 2019 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
 A. 6141                             3

 161.15, sex trafficking as defined in paragraphs (a) and (b) of subdivi-
 sion  five  of  section 230.34, sex trafficking of a child as defined in
 section 230.34-a, 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, firefighter or emer-
 gency 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, aggravated strangulation as defined
 in section 121.13-a, 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. 6141                             4
 
 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
 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, aggravated unpermitted use of indoor pyrotechnics in  the  first
 degree  as defined in section 405.18, and criminal manufacture, sale, or
 transport of an undetectable firearm, rifle or  shotgun  as  defined  in
 section 265.50.
   (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.