senate Bill S775

2009-2010 Legislative Session

Establishes the crime of unlawful failure to obey a police officer while operating a motor vehicle

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 15, 2009 referred to codes

S775 - Bill Details

See Assembly Version of this Bill:
A3071
Current Committee:
Law Section:
Penal Law

S775 - Bill Texts

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BILL NUMBER: S775

TITLE OF BILL :
An act to amend the penal law, in relation to establishing the crime
of unlawful failure to obey a police officer while operating a motor
vehicle


PURPOSE :
This legislation would make it a crime to disobey a police officer's
command to safely stop a motor vehicle.

SUMMARY OF LEGISLATION :
Section 1: The penal law is amended by added new section 270.40 which
makes unlawful failure to obey a police officer while operating a
motor vehicle a class B misdemeanor. This statute requires an operator
of a motor vehicle, when directed by a uniformed police officer or a
marked police vehicle, to stop the vehicle at the side of the road in
the amount of time it takes to bring the vehicle to a stop.
Section 2: Effective Date.

EXISTING LAW :
None.

JUSTIFICATION :
Both high speed and low speed chases can result in dangerous
conditions which many times lead to innocent people or law enforcement
officers suffering personal injury. Because the current punishment
for failing to obey a police officer is relatively lenient,
individuals, calculating that the penalties if caught are not great,
may attempt to flee the police, rather than pull over S.8445, which
dealt with high speed chases by making it a class A misdemeanor to
flee from the police at speeds above 25 miles per hour over the speed
limit, was signed into law in 2006. However, that bill did not address
a motorists failure to stop without disregarding other motor vehicle
laws. Therefore, this bill is designed to protect police officers, and
other motorists by deterring such activity and appropriately punishing
those who fail to stop but do not disregard other motor vehicle laws.

LEGISLATIVE HISTORY :
2005-2006: S.974-A Rules; 2007-2008 Passed Senate.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.
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