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Assembly Bill A751

2009-2010 Legislative Session

Creates the crime of evading arrest or detention

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Archive: Last Bill Status - In Assembly Committee

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2009-A751 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง205.35 - 205.39, Pen L

2009-A751 (ACTIVE) - Summary

Creates the crimes of evading arrest or detention in the first, second, third and fourth degrees and establishes a person guilty of any of such crimes is guilty of a felony; creates the crime of evading arrest or detention in the fifth degree and establishes a person guilty of such crime is guilty of a class E misdemeanor.

2009-A751 (ACTIVE) - Bill Text download pdf

                            
                    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.
              

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