BILL NUMBER:  S1741

 TITLE OF BILL :  An act to amend the penal law, in relation to
unlawfully fleeing a police officer in a motor vehicle

 PURPOSE :

To increase the penalties incurred by those found guilty of unlawfully
fleeing from a police officer under sections 270.25, 270.30 and 270.35
of the New York State Penal Law.

 SUMMARY OF PROVISIONS :

Section one of the bill amends sections 270.25, 270.30 and 270.35 of
the New York Penal Law to replace "unlawful" with "unlawfully" and
makes further changes as follows:

Section 270.25 is amended to increase the penalty of being found
guilty of unlawful fleeing from a police officer in a motor vehicle in
the third degree from a class A misdemeanor to a class E felony.

Section 270.30 is amended to increase the penalty of being found
guilty of unlawful fleeing from a police officer in a motor vehicle in
the second degree, in which an officer or a third person is seriously
injured, from a class E felony to a class D felony.

              

Section 270.35 is amended to increase the penalty of being found
guilty of unlawful fleeing from a police officer in the first degree,
in which an officer or a third person is killed, from a class D felony
to a class C felony.

Section two provides that this act shall take effect immediately.

 JUSTIFICATION :

Experience has shown that 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 or death.
Because the current punishment for failing to obey a police officer is
lenient, individuals, calculating that the penalties if caught are not
great, may attempt to flee the police, rather than pull over, creating
the potential for disaster. Therefore, this bill is designed to
protect police officers, motorists and pedestrians by deterring such
activity and appropriately punishing those who would engage in high or
low speed chases.

On December 12, 2016, Diego Williams, 20, fled police in Brooklyn
causing a five-vehicle wreck sending seven people to the hospital.
While six of the seven people suffered minor injuries, one person
suffered serious injuries.

In Brooklyn, New York, Natalie Ferber, 18, was critically injured by a
van that was fleeing a traffic stop. On November 18, 2014, the van
sped through the traffic stop, striking two detectives in the process,
and continued to flee the pursuing officers for seven miles until
hitting the car containing Natalie and her mother, Nancy Lawrence, an
off-duty NYPD Sergeant. Both were brought to the hospital where Nancy
was in serious condition and Natalie in critical condition with
serious brain damage that left her in a coma.

On September 22, 2014 Officer Nicholas Guerrero and his partner pulled
over a stolen SUV in Huntington, New York. While the officers were
talking to the two suspects in the car, the driver began to flee and
hit both officers in the process. Officer Guerrero sustained a severe
head injury and was in a coma for his first week in the hospital, and
he remained in the hospital until October without recovering full
mental and physical health. In addition to Officer Guerrero's
significant injuries, the two suspects fled and struck a car at a gas
station and later car-jacked an 87-year-old woman before finally being
arrested.

These types of scenarios demonstrate that police officers and
civilians alike are potential victims of fleeing suspects. In many
instances, the suspects flee at high speeds for long distances,
increasing the potential for harm to pedestrians and other drivers.
The suspect has less regard for the safety of himself or herself and
others, but additionally lacks control of the car at such high speeds.
The fact that Natalie and Officer Guerrero were injured severely by
fleeing suspects in vehicles is unfortunate, but in both of their
stories the suspects could have harmed or killed more people.

If the penalties for unlawfully fleeing by vehicle are raised, then
those who are interacting with police officers at traffic stops,
pullover's and other routine law enforcement situations will consider
the consequences of trying to flee and decide whether the penalty for
unlawfully fleeing is worth avoiding a ticket or a fine.

 LEGISLATIVE HISTORY :

2015-2016: S.3508 - Passed the Senate both years

 FISCAL IMPLICATIONS :

This bill has no fiscal implications on the State.

 EFFECTIVE DATE :
This act shall take effect immediately.