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:

    1    Section 1. The penal law is amended by adding two new sections  270.40
    2  and 270.45 to read as follows:
    3  S  270.40 UNLAWFULLY  INSTALLING  OR  POSSESSING  A  CONCEALED VEHICULAR
    4             COMPARTMENT IN THE SECOND DEGREE.
    5    1. A PERSON  IS  GUILTY  OF  UNLAWFULLY  INSTALLING  OR  POSSESSING  A
    6  CONCEALED  VEHICULAR  COMPARTMENT  IN THE SECOND DEGREE WHEN SUCH PERSON
    7  KNOWINGLY:
    8    (A) OWNS, OPERATES OR  POSSESSES  A  VEHICLE  CONTAINING  A  CONCEALED
    9  VEHICULAR COMPARTMENT; OR
   10    (B)  DESIGNS,  INSTALLS,  FABRICATES  OR CREATES A CONCEALED VEHICULAR
   11  COMPARTMENT IN A VEHICLE.
   12    2. AS USED IN THIS SECTION "CONCEALED VEHICULAR COMPARTMENT"  MEANS  A
   13  HIDDEN  OR  CONCEALED ENCLOSURE OR COMPARTMENT INTEGRATED INTO A VEHICLE
   14  THAT IS INTENDED OR DESIGNED TO BE USED TO TRANSPORT, CONCEAL,  HIDE  OR
   15  PREVENT  DISCOVERY  BY LAW ENFORCEMENT OFFICERS OF PROPERTY POSSESSED IN
   16  VIOLATION OF LAW, PROPERTY USED OR INTENDED FOR USE IN THE COMMISSION OF
   17  A CRIME OR OF PERSONS IN VIOLATION OF LAW.
   18    3. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A HIDDEN OR  CONCEALED
   19  ENCLOSURE  OR  COMPARTMENT  INTEGRATED  INTO  A  VEHICLE  IS INTENDED OR
   20  DESIGNED TO BE USED TO TRANSPORT, CONCEAL, HIDE OR PREVENT DISCOVERY  BY
   21  LAW  ENFORCEMENT  OFFICERS  OF  PROPERTY  POSSESSED IN VIOLATION OF LAW,
   22  PROPERTY USED OR INTENDED FOR USE IN THE COMMISSION OF  A  CRIME  OR  OF
   23  PERSONS  IN  VIOLATION  OF  LAW  WHEN  THERE ARE FACTORS FROM WHICH SUCH
   24  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

    1  THE DISCOVERY OF  A  PERSON,  FIREARM,  CONTROLLED  SUBSTANCE  OR  OTHER
    2  CONTRABAND  WITHIN  SUCH COMPARTMENT OR THE DISCOVERY OF EVIDENCE OF THE
    3  PREVIOUS PLACEMENT OF A PERSON, FIREARM, CONTROLLED SUBSTANCE  OR  OTHER
    4  CONTRABAND WITHIN SUCH COMPARTMENT.
    5    UNLAWFULLY  INSTALLING OR POSSESSING A CONCEALED VEHICULAR COMPARTMENT
    6  IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
    7  S 270.45 UNLAWFULLY  INSTALLING  OR  POSSESSING  A  CONCEALED  VEHICULAR
    8               COMPARTMENT IN THE FIRST DEGREE.
    9    A  PERSON IS GUILTY OF UNLAWFULLY INSTALLING OR POSSESSING A CONCEALED
   10  VEHICULAR COMPARTMENT IN THE FIRST DEGREE WHEN SUCH PERSON  COMMITS  THE
   11  CRIME  OF  UNLAWFULLY  INSTALLING  OR  POSSESSING  A CONCEALED VEHICULAR
   12  COMPARTMENT IN THE SECOND DEGREE AND:
   13    1. SUCH CONCEALED VEHICULAR COMPARTMENT OR THE VEHICLE IN WHICH IT  IS
   14  INSTALLED  IS  EQUIPPED WITH AN EXPLOSIVE DEVICE OR OTHERWISE CREATES OR
   15  IS DESIGNED TO CREATE A SUBSTANTIAL RISK OF PHYSICAL INJURY TO A  PERSON
   16  WHO ATTEMPTS UNWELCOME ACCESS OF SUCH COMPARTMENT; OR
   17    2. SUCH CONCEALED VEHICULAR COMPARTMENT IS USED IN THE COMMISSION OF A
   18  CRIME OR TO CONCEAL EVIDENCE OF A CRIME.
   19    UNLAWFULLY  INSTALLING OR POSSESSING A CONCEALED VEHICULAR COMPARTMENT
   20  IN THE FIRST DEGREE IS A CLASS E FELONY.
   21    S 2. Paragraphs (j) and (k) of subdivision 1 of section 398-e  of  the
   22  vehicle  and traffic law, as amended by chapter 634 of the laws of 1980,
   23  are amended and a new paragraph (l) is added to read as follows:
   24    (j) has knowingly issued a false or misleading estimate; [or]
   25    (k) has engaged in a course of conduct which unreasonably  impedes  or
   26  delays  a consumer's right to a fair recovery pursuant to the provisions
   27  of an automobile insurance policy,  the  insurance  law  or  regulations
   28  issued  by  the superintendent of insurance governing the evaluation and
   29  adjustments of claims; OR
   30    (L) HAS BEEN GUILTY OF UNLAWFULLY INSTALLING OR POSSESSING A CONCEALED
   31  VEHICULAR COMPARTMENT IN VIOLATION OF SECTION 270.40 OF THE PENAL LAW.
   32    S 3. The closing paragraph of subdivision 1 of section  398-e  of  the
   33  vehicle  and traffic law, as amended by chapter 634 of the laws of 1980,
   34  is amended to read as follows:
   35    For the purposes of paragraphs (g), (h), (i), (j) [and], (k)  AND  (L)
   36  of  this  subdivision,  it  shall  be  presumed  that the actions of any
   37  employee of a motor vehicle repair shop shall be  attributable  to,  and
   38  deemed to be the actions of, such motor vehicle repair shop.
   39    S  4.  This  act shall take effect on the ninetieth day after it shall
   40  have become a law.