Senate Bill S9925

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9925
 
                             I N  S E N A T E
 
                              October 9, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
   relation  to  establishing the offense of aggravated obstructing emer-
   gency medical services
 
   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 a new section 195.16-a
 to read as follows:
 § 195.16-A AGGRAVATED OBSTRUCTING EMERGENCY MEDICAL SERVICES.
   A  PERSON  IS  GUILTY  OF  AGGRAVATED  OBSTRUCTING  EMERGENCY  MEDICAL
 SERVICES  WHEN  SUCH PERSON INTENTIONALLY AND UNREASONABLY OBSTRUCTS THE
 EFFORTS OF ANY SERVICES, TECHNICIAN, PERSONNEL, SYSTEM OR UNIT SPECIFIED
 IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW IN  THE  PERFORM-
 ANCE OF THEIR DUTIES AND EITHER:
   1.  ENGAGES  IN  CONDUCT  THAT OBSTRUCTS VEHICULAR TRAFFIC PURSUANT TO
 SUBDIVISION FIVE OF SECTION 240.20 OF THIS PART; OR
   2. ENGAGES IN CONDUCT THAT POSES A RISK OF SERIOUS PHYSICAL INJURY  TO
 OTHERS.
   AGGRAVATED OBSTRUCTING EMERGENCY MEDICAL SERVICES IS A CLASS E FELONY.
   §  2.  The  section heading, subdivision 2, subparagraph (ii) of para-
 graph (a) of subdivision 5, and subdivisions 6 and 8 of section 511-c of
 the vehicle and traffic law, as added by chapter  607  of  the  laws  of
 1993, are amended to read as follows:
   Seizure and forfeiture of vehicles used in the unlicensed operation of
 a  motor  vehicle  AND AGGRAVATED OBSTRUCTING EMERGENCY MEDICAL SERVICES
 under certain circumstances.
   2. Any motor vehicle which has been or is being used in  violation  of
 paragraph  (a)  of  subdivision  three of section five hundred eleven of
 this article, OR SECTION 195.16-A OF THE PENAL LAW may be seized by  any
 peace  officer, acting pursuant to [his or her] THEIR special duties, or
 police officer, and forfeited as hereinafter provided in this section.
   (ii) The person seeking to  claim  the  motor  vehicle  has  furnished
 satisfactory evidence of registration and financial security and, if the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16266-02-4
 S. 9925                             2
 
 person  was  the operator of the vehicle at the time of the violation of
 paragraph (a) of subdivision three of section  five  hundred  eleven  of
 this  article,  OR  SECTION  195.16-A  OF  THE  PENAL  LAW, satisfactory
 evidence  of  payment  of  any  fines or penalties imposed in connection
 therewith; and
   6. Where a demand for the return of a motor vehicle is not made within
 ninety days after the termination of  the  criminal  proceeding  founded
 upon the charge of aggravated unlicensed operation of a motor vehicle in
 the  first  degree,  OR  AGGRAVATED OBSTRUCTING EMERGENCY SERVICES UNDER
 SECTION 195.16-A OF THE PENAL LAW, such motor vehicle shall be deemed to
 be abandoned. Such vehicle shall be disposed of by the county, cities of
 New York, Yonkers, Rochester or Buffalo or the state, as applicable,  in
 accordance with section twelve hundred twenty-four of this chapter or as
 otherwise provided by law.
   8.  Any  owner  who receives notice of the institution of a forfeiture
 action who claims an interest in the motor vehicle subject to forfeiture
 shall assert a claim for the recovery of the motor vehicle or  satisfac-
 tion of the owner's interest in such motor vehicle by intervening in the
 forfeiture  action  in  accordance  with  subdivision (a) of section one
 thousand twelve of the civil practice law and rules. Any person  with  a
 security interest in such vehicle who receives notice of the institution
 of  the  forfeiture  action shall assert a claim for the satisfaction of
 such person's security interest in such vehicle by  intervening  in  the
 forfeiture  action  in  accordance  with  subdivision (a) of section one
 thousand twelve of the civil practice law and  rules.    If  the  action
 relates  to  a vehicle in which a person holding a security interest has
 intervened pursuant to this subdivision, the burden shall  be  upon  the
 designated  official to prove by clear and convincing evidence that such
 intervenor knew that such vehicle was or would be used for  the  commis-
 sion of a violation of subparagraph (ii) of paragraph (a) of subdivision
 three  of  section  five hundred eleven of [the vehicle and traffic law]
 THIS CHAPTER OR AGGRAVATED OBSTRUCTING EMERGENCY SERVICES UNDER  SECTION
 195.16-A OF THE PENAL LAW, and either (a) knowingly and unlawfully bene-
 fitted  from  such  conduct  or (b) voluntarily agreed to the use of the
 vehicle for the commission of such violation by  consent  freely  given.
 For  purposes  of this subdivision, such intervenor knowingly and unlaw-
 fully benefited from the commission of such violation when [he  or  she]
 THEY  derived  in  exchange  for permitting the use of such vehicle by a
 person or persons committing  such  specified  violation  a  substantial
 benefit  that would otherwise not have accrued as a result of the lawful
 use of such vehicle. "Benefit" means benefit as defined  in  subdivision
 seventeen of section 10.00 of the penal law.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.