Bill Text: NY A05357 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to eluding a police officer

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A05357 Detail]

Download: New_York-2009-A05357-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5357
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by M. of A. SPANO, BROOK-KRASNY, ABBATE, JOHN -- Multi-Spon-
         sored by -- M. of A.  CROUCH, GABRYSZAK, WEISENBERG -- read  once  and
         referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to eluding a police officer
         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  three  new  sections
    2  205.35, 205.40 and 205.45 to read as follows:
    3  S 205.35 ELUDING A POLICE OFFICER IN THE THIRD DEGREE.
    4    A  PERSON  IS  GUILTY  OF ELUDING A POLICE OFFICER IN THE THIRD DEGREE
    5  WHEN HE OR SHE KNOWINGLY ELUDES OR ATTEMPTS TO ELUDE  A  POLICE  OFFICER
    6  WHILE  OPERATING  A MOTOR VEHICLE, WHILE RIDING IN A MOTOR VEHICLE OPER-
    7  ATED BY ANOTHER PERSON, THROUGH THE USE OF PUBLIC TRANSPORTATION  OR  ON
    8  FOOT,  AND  KNOWS  OR  REASONABLY  SHOULD  KNOW  THAT HE OR SHE IS BEING
    9  PURSUED BY SUCH POLICE OFFICER, AND THEREBY CAUSES A RISK TO THE  SAFETY
   10  OF THE GENERAL PUBLIC.
   11    ELUDING A POLICE OFFICER IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   12  S 205.40 ELUDING A POLICE OFFICER IN THE SECOND DEGREE.
   13    A  PERSON  IS  GUILTY OF ELUDING A POLICE OFFICER IN THE SECOND DEGREE
   14  WHEN HE OR SHE COMMITS THE CRIME OF ELUDING  A  POLICE  OFFICER  IN  THE
   15  THIRD DEGREE, AND PHYSICAL INJURY TO ANOTHER PERSON RESULTS THEREFROM.
   16    ELUDING A POLICE OFFICER IN THE SECOND DEGREE IS A CLASS E FELONY.
   17  S 205.45 ELUDING A POLICE OFFICER IN THE FIRST DEGREE.
   18    A  PERSON  IS  GUILTY  OF ELUDING A POLICE OFFICER IN THE FIRST DEGREE
   19  WHEN HE OR SHE COMMITS THE CRIME OF ELUDING  A  POLICE  OFFICER  IN  THE
   20  SECOND  DEGREE,  AND  SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON
   21  RESULTS THEREFROM.
   22    ELUDING A POLICE OFFICER IN THE FIRST DEGREE IS A CLASS D FELONY.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08003-01-9