S T A T E O F N E W Y O R K
________________________________________________________________________
10103
I N A S S E M B L Y
May 11, 2016
___________
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:
Section 1. Sections 270.25, 270.30 and 270.35 of the penal law, as
added by chapter 738 of the laws of 2006, are amended to read as
follows:
S 270.25 [Unlawful] UNLAWFULLY fleeing a police officer in a motor vehi-
cle in the third degree.
A person is guilty of [unlawful] UNLAWFULLY fleeing a police officer
in a motor vehicle in the third degree when, knowing that he or she has
been directed to stop his or her motor vehicle by a uniformed police
officer or a marked police vehicle by the activation of either the
lights or the lights and siren of such vehicle, he or she thereafter
attempts to flee such officer or such vehicle by driving at speeds which
equal or exceed twenty-five miles per hour above the speed limit or
engaging in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law.
[Unlawful] UNLAWFULLY fleeing a police officer in a motor vehicle in
the third degree is a class [A misdemeanor] E FELONY.
S 270.30 [Unlawful] UNLAWFULLY fleeing a police officer in a motor vehi-
cle in the second degree.
A person is guilty of [unlawful] UNLAWFULLY fleeing a police officer
in a motor vehicle in the second degree when he or she commits the
offense of [unlawful] UNLAWFULLY fleeing a police officer in a motor
vehicle in the third degree, as defined in section 270.25 of this arti-
cle, and as a result of such conduct a police officer or a third person
suffers serious physical injury.
[Unlawful] UNLAWFULLY fleeing a police officer in a motor vehicle in
the second degree is a class [E] D felony.
S 270.35 [Unlawful] UNLAWFULLY fleeing a police officer in a motor vehi-
cle in the first degree.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08872-01-5
A. 10103 2
A person is guilty of [unlawful] UNLAWFULLY fleeing a police officer
in a motor vehicle in the first degree when he or she commits the
offense of [unlawful] UNLAWFULLY fleeing a police officer in a motor
vehicle in the third degree, as defined in section 270.25 of this arti-
cle, and as a result of such conduct a police officer or a third person
is killed.
[Unlawful] UNLAWFULLY fleeing a police officer in a motor vehicle in
the first degree is a class [D] C felony.
S 2. This act shall take effect immediately.