Bill Text: NY A05478 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to increasing the degree of the offense of unlawfully fleeing a police officer in a motor vehicle.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05478 Detail]

Download: New_York-2017-A05478-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5478
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend  the  penal  law, in relation to unlawfully fleeing a
          police officer in a motor vehicle
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Sections  270.25,  270.30 and 270.35 of the penal law, as
     2  added by chapter 738 of the  laws  of  2006,  are  amended  to  read  as
     3  follows:
     4  § 270.25 [Unlawful] Unlawfully fleeing a police officer in a motor vehi-
     5             cle in the third degree.
     6    A  person  is guilty of [unlawful] unlawfully fleeing a police officer
     7  in a motor vehicle in the third degree when, knowing that he or she  has
     8  been  directed  to  stop  his or her motor vehicle by a uniformed police
     9  officer or a marked police 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]  Unlawfully  fleeing a police officer in a motor vehicle in
    16  the third degree is a class [A misdemeanor] E felony.
    17  § 270.30 [Unlawful] Unlawfully fleeing a police officer in a motor vehi-
    18             cle in the second degree.
    19    A person is guilty of [unlawful] unlawfully fleeing a  police  officer
    20  in  a  motor  vehicle  in  the  second degree when he or she commits the
    21  offense of [unlawful] unlawfully fleeing a police  officer  in  a  motor
    22  vehicle  in the third degree, as defined in section 270.25 of this arti-
    23  cle, and as a result of such conduct a police officer or a third  person
    24  suffers serious physical injury.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03924-01-7
        A. 5478                             2
     1    [Unlawful]  Unlawfully  fleeing a police officer in a motor vehicle in
     2  the second degree is a class [E] D felony.
     3  § 270.35 [Unlawful] Unlawfully fleeing a police officer in a motor vehi-
     4             cle in the first degree.
     5    A  person  is guilty of [unlawful] unlawfully fleeing a police officer
     6  in a motor vehicle in the first  degree  when  he  or  she  commits  the
     7  offense  of  [unlawful]  unlawfully  fleeing a police officer in a motor
     8  vehicle in the third degree, as defined in section 270.25 of this  arti-
     9  cle,  and as a result of such conduct a police officer or a third person
    10  is killed.
    11    [Unlawful] Unlawfully fleeing a police officer in a motor  vehicle  in
    12  the first degree is a class [D] C felony.
    13    § 2. This act shall take effect immediately.