Assembly Bill A10683

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10683
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. DeStefano)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
   relation  to  including  peace  officers  in  certain offenses against
   public safety
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 270.25 of the penal law, as added by chapter 738 of
 the laws of 2006, is amended to read as follows:
 § 270.25 Unlawful  fleeing  a police officer OR PEACE OFFICER in a motor
             vehicle in the third degree.
   A person is guilty of unlawful fleeing a police officer OR PEACE OFFI-
 CER 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  PEACE  OFFICER  or  a  marked  police vehicle OR MARKED LAW
 ENFORCEMENT AGENCY PEACE OFFICER 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 fleeing a police officer OR PEACE OFFICER in a motor  vehicle
 in the third degree is a class A misdemeanor.
   §  2.  Section 270.30 of the penal law, as added by chapter 738 of the
 laws of 2006, is amended to read as follows:
 § 270.30 Unlawful fleeing a police officer OR PEACE OFFICER in  a  motor
             vehicle in the second degree.
   A person is guilty of unlawful fleeing a police officer OR PEACE OFFI-
 CER  in  a motor vehicle in the second degree when he or she commits the
 offense of unlawful fleeing a police officer OR PEACE 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, PEACE OFFICER or
 a third person suffers serious physical injury.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16230-01-2
              

 A. 10683                            2
 
   Unlawful fleeing a police officer OR PEACE OFFICER in a motor  vehicle
 in the second degree is a class E felony.
   §  3.  Section 270.35 of the penal law, as added by chapter 738 of the
 laws of 2006, is amended to read as follows:
 § 270.35 Unlawful fleeing a police officer OR PEACE OFFICER in  a  motor
             vehicle in the first degree.
   A person is guilty of unlawful fleeing a police officer OR PEACE OFFI-
 CER  in  a  motor vehicle in the first degree when he or she commits the
 offense of unlawful fleeing a police officer OR PEACE 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, PEACE OFFICER or
 a third person is killed.
   Unlawful fleeing a police officer OR PEACE OFFICER in a motor  vehicle
 in the first degree is a class D felony.
   § 4. Section 101 of the vehicle and traffic law, as amended by chapter
 496 of the laws of 2021, is amended to read as follows:
   §  101.  Authorized emergency vehicle. Every ambulance, police vehicle
 or bicycle, PEACE OFFICER VEHICLE PROVIDED BY A LAW ENFORCEMENT  AGENCY,
 correction vehicle, fire vehicle, civil defense emergency vehicle, emer-
 gency  ambulance  service  vehicle,  blood delivery vehicle, human organ
 delivery vehicle, county emergency medical  services  vehicle,  environ-
 mental  emergency response vehicle, sanitation patrol vehicle, hazardous
 materials emergency vehicle and ordnance disposal vehicle of  the  armed
 forces of the United States.
   § 5. This act shall take effect immediately.