New York 2025-2026 Regular Session

New York Assembly Bill A04406

Introduced
2/4/25  
Refer
2/4/25  

Caption

Establishes the crimes of carjacking in first, second and third degrees, as the stealing of a motor vehicle from a person or presence of another person through the use or threatened use of force; increases penalties for causing injury to such victim, displaying a real or fake gun or using such a weapon; provides that all carjackings are violent felony offenses.

Summary

Bill A04406 establishes the crimes of carjacking in three degrees under New York's penal law. Carjacking is defined as the act of forcibly stealing a motor vehicle from another person while using or threatening physical force. The bill categorizes carjacking into three degrees, with the first degree involving serious physical injury or the use of a deadly weapon, the second degree involving physical injury or the display of a firearm, and the third degree being the basic act of carjacking without additional aggravating factors. Each degree carries escalating penalties, with the first degree classified as a class B felony, the second as a class C felony, and the third as a class D felony.

Impact

The introduction of this bill will amend the penal law to include specific definitions and penalties for carjacking, categorizing it as a violent felony offense. This change will enhance the legal framework surrounding motor vehicle theft and increase the severity of penalties for offenders, which may lead to longer sentences for those convicted of carjacking. Additionally, the bill aims to deter potential carjackers by imposing stricter consequences for violent crimes associated with vehicle theft.

Sentiment

The sentiment surrounding Bill A04406 appears to be supportive among those advocating for tougher penalties on violent crimes, particularly in response to increasing concerns about car theft and public safety. However, there may be opposition from civil rights advocates who argue that the bill could lead to disproportionate sentencing and impact marginalized communities more severely. The lack of voting history or committee discussions makes it difficult to gauge the full range of opinions.

Contention

Notable points of contention may arise regarding the classification of carjacking as a violent felony and the implications this has for sentencing. Critics may argue that the bill could lead to overly harsh penalties for individuals involved in non-violent car thefts, while supporters contend that the bill is necessary to address the serious nature of carjacking incidents. The balance between public safety and fair sentencing practices is likely to be a key area of debate.

Companion Bills

No companion bills found.

Previously Filed As

NY A4339

Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.

NY S1167

Establishes presumption of pretrial detention for persons who commit carjacking, theft of motor vehicle, or burglary.

NY A362

Increases penalties for certain motor vehicle theft and carjacking offenses; establishes presumption of pretrial detention in enumerated circumstances.

NY A11053

Provides that a person is guilty of assault in the second degree when such person recklessly or with intent to cause physical injury to another person causes physical injury to another person in any place, conveyance, or vehicle used for public transportation or public transit; provides that a person is guilty of assault in the first degree when with intent to cause serious physical injury to another person such person causes such injury to such other person in any place, conveyance, or vehicle used for public transportation or public transit.

NY A363

Increases penalty and establishes presumption of pretrial detention for persons who commit carjacking and theft by deception in certain circumstances.

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY A3348

Provides that crime of official misconduct involving disclosure of domestic violence or sexual assault victim's personal information is second degree crime.

NY HB449

Crimes and offenses; crimes of unlawful use of DNA in the first, second, and third degree created, criminal penalties provided

NY S07258

Establishes the class A-I felony of criminal use of a firearm for possessing a deadly weapon or displaying what appears to be or is a rifle, pistol, revolver, shotgun, machine gun or other firearm during the commission of a class A or violent felony; repeals the offenses of criminal use of a firearm in the first and second degrees.

NY S789

Requires court to impose monetary bail for carjacking; requires juvenile alleged to have committed carjacking be tried as adult.

Similar Bills

No similar bills found.