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Senate Bill S5568

2009-2010 Legislative Session

Establishes offenses related to eluding a police officer

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S5568 (ACTIVE) - Details

See Assembly Version of this Bill:
A5357
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§205.35 - 205.45, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2217

2009-S5568 (ACTIVE) - Summary

Creates the crimes of eluding a police officer in the third, second and first degrees.

2009-S5568 (ACTIVE) - Sponsor Memo

2009-S5568 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5568

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  The  penal  law  is  amended by adding three new sections
205.35, 205.40 and 205.45 to read as follows:
S 205.35 ELUDING A POLICE OFFICER IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF ELUDING A POLICE OFFICER  IN  THE  THIRD  DEGREE
WHEN  HE  OR  SHE KNOWINGLY ELUDES OR ATTEMPTS TO ELUDE A POLICE OFFICER
WHILE OPERATING A MOTOR VEHICLE, WHILE RIDING IN A MOTOR  VEHICLE  OPER-
ATED  BY  ANOTHER PERSON, THROUGH THE USE OF PUBLIC TRANSPORTATION OR ON
FOOT, AND KNOWS OR REASONABLY SHOULD  KNOW  THAT  HE  OR  SHE  IS  BEING
PURSUED  BY SUCH POLICE OFFICER, AND THEREBY CAUSES A RISK TO THE SAFETY
OF THE GENERAL PUBLIC.
  ELUDING A POLICE OFFICER IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 205.40 ELUDING A POLICE OFFICER IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ELUDING A POLICE OFFICER IN  THE  SECOND  DEGREE
WHEN  HE  OR  SHE  COMMITS  THE CRIME OF ELUDING A POLICE OFFICER IN THE
THIRD DEGREE, AND PHYSICAL INJURY TO ANOTHER PERSON RESULTS THEREFROM.
  ELUDING A POLICE OFFICER IN THE SECOND DEGREE IS A CLASS E FELONY.
S 205.45 ELUDING A POLICE OFFICER IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ELUDING A POLICE OFFICER  IN  THE  FIRST  DEGREE
WHEN  HE  OR  SHE  COMMITS  THE CRIME OF ELUDING A POLICE OFFICER IN THE
SECOND DEGREE, AND SERIOUS PHYSICAL INJURY OR DEATH  TO  ANOTHER  PERSON
RESULTS THEREFROM.
  ELUDING A POLICE OFFICER IN THE FIRST DEGREE IS A CLASS D 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08003-01-9

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