S T A T E O F N E W Y O R K
________________________________________________________________________
751
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, WALKER, RAIA, GIGLIO, FINCH -- Multi-
Sponsored by -- M. of A. BOYLAND, BURLING -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of evading
arrest or detention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding five new sections
205.35, 205.36, 205.37, 205.38 and 205.39 to read as follows:
S 205.35 EVADING ARREST OR DETENTION IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FIFTH DEGREE
WHEN HE OR SHE INTENTIONALLY FLEES FROM A PERSON HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
TO ARREST OR DETAIN HIM OR HER.
EVADING ARREST OR DETENTION IN THE FIFTH DEGREE IS A CLASS A MISDEMEA-
NOR.
S 205.36 EVADING ARREST OR DETENTION IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FOURTH DEGREE
WHEN:
1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
TO ARREST OR DETAIN HIM OR HER; AND
2. (A) HE OR SHE USES A MOTOR VEHICLE WHILE HE OR SHE IS FLEEING; OR
(B) THE CRIME FOR WHICH HE OR SHE IS BEING ARRESTED OR DETAINED FOR IS
A FELONY; OR
(C) HE OR SHE IS IN POSSESSION OF A DEADLY WEAPON.
EVADING ARREST OR DETENTION IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 205.37 EVADING ARREST OR DETENTION IN THE THIRD DEGREE.
A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE THIRD DEGREE
WHEN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01472-01-9
A. 751 2
1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
TO ARREST OR DETAIN HIM OR HER; AND
2. A THIRD PERSON OR THE POLICE OFFICER OR PEACE OFFICER SUFFERS PHYS-
ICAL INJURY AS A DIRECT RESULT OF THE ATTEMPT TO EVADE ARREST OR
DETENTION.
EVADING ARREST OR DETENTION IN THE THIRD DEGREE IS A CLASS D FELONY.
S 205.38 EVADING ARREST OR DETENTION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE SECOND DEGREE
WHEN:
1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
TO ARREST OR DETAIN HIM OR HER; AND
2. A THIRD PERSON OR THE POLICE OFFICER OR PEACE OFFICER SUFFERS SERI-
OUS PHYSICAL INJURY AS A DIRECT RESULT OF THE ATTEMPT TO EVADE ARREST OR
DETENTION.
EVADING ARREST OR DETENTION IN THE SECOND DEGREE IS A CLASS C FELONY.
S 205.39 EVADING ARREST OR DETENTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FIRST DEGREE
WHEN:
1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON HE OR SHE KNOWS OR
REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
TO ARREST OR DETAIN HIM OR HER; AND
2. A THIRD PERSON OR THE POLICE OFFICER OR PEACE OFFICER DIES AS A
DIRECT RESULT OF THE ATTEMPT TO EVADE ARREST OR DETENTION.
EVADING ARREST OR DETENTION IN THE FIRST DEGREE IS A CLASS B FELONY.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.