Bill Text: NY A03485 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes peace officers in offenses of unlawful fleeing in a motor vehicle.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03485 Detail]

Download: New_York-2023-A03485-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3485

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
          relation  to  including  peace  officers  in  certain offenses against
          public safety

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 270.25 of the penal law, as added by chapter 738 of
     2  the laws of 2006, is amended to read as follows:
     3  § 270.25 Unlawful  fleeing  a police officer or peace officer in a motor
     4              vehicle in the third degree.
     5    A person is guilty of unlawful fleeing a police officer or peace offi-
     6  cer in a motor vehicle in the third degree when, knowing that he or  she
     7  has been directed to stop his or her motor vehicle by a uniformed police
     8  officer  or  peace  officer  or  a  marked  police vehicle or marked law
     9  enforcement agency peace officer vehicle by the activation of either the
    10  lights or the lights and siren of such vehicle,  he  or  she  thereafter
    11  attempts to flee such officer or such vehicle by driving at speeds which
    12  equal  or  exceed  twenty-five  miles  per hour above the speed limit or
    13  engaging in reckless driving as defined by section twelve hundred twelve
    14  of the vehicle and traffic law.
    15    Unlawful fleeing a police officer or peace officer in a motor  vehicle
    16  in the third degree is a class A misdemeanor.
    17    §  2.  Section 270.30 of the penal law, as added by chapter 738 of the
    18  laws of 2006, is amended to read as follows:
    19  § 270.30 Unlawful fleeing a police officer or peace officer in  a  motor
    20              vehicle in the second degree.
    21    A person is guilty of unlawful fleeing a police officer or peace offi-
    22  cer  in  a motor vehicle in the second degree when he or she commits the
    23  offense of unlawful fleeing a police officer or peace officer in a motor
    24  vehicle in the third degree, as defined in section 270.25 of this  arti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08022-01-3
        A. 3485                             2

     1  cle,  and as a result of such conduct a police officer, peace officer or
     2  a third person suffers serious physical injury.
     3    Unlawful  fleeing a police officer or peace officer in a motor vehicle
     4  in the second degree is a class E felony.
     5    § 3. Section 270.35 of the penal law, as added by chapter 738  of  the
     6  laws of 2006, is amended to read as follows:
     7  § 270.35 Unlawful  fleeing  a police officer or peace officer in a motor
     8              vehicle in the first degree.
     9    A person is guilty of unlawful fleeing a police officer or peace offi-
    10  cer in a motor vehicle in the first degree when he or  she  commits  the
    11  offense of unlawful fleeing a police officer or peace officer in a motor
    12  vehicle  in the third degree, as defined in section 270.25 of this arti-
    13  cle, and as a result of such conduct a police officer, peace officer  or
    14  a third person is killed.
    15    Unlawful  fleeing a police officer or peace officer in a motor vehicle
    16  in the first degree is a class D felony.
    17    § 4. Section 101 of the vehicle and traffic law, as amended by chapter
    18  496 of the laws of 2021, is amended to read as follows:
    19    § 101. Authorized emergency vehicle. Every ambulance,  police  vehicle
    20  or  bicycle, peace officer vehicle provided by a law enforcement agency,
    21  correction vehicle, fire vehicle, civil defense emergency vehicle, emer-
    22  gency ambulance service vehicle, blood  delivery  vehicle,  human  organ
    23  delivery  vehicle,  county  emergency medical services vehicle, environ-
    24  mental emergency response vehicle, sanitation patrol vehicle,  hazardous
    25  materials  emergency  vehicle and ordnance disposal vehicle of the armed
    26  forces of the United States.
    27    § 5. This act shall take effect immediately.