Assembly Bill A5241

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5241
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by M. of A. DeSTEFANO, E. BROWN, ANGELINO -- Multi-Sponsored
   by -- M. of A.  HAWLEY -- 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] SUCH PERSON has been directed to stop [his or  her]  SUCH  PERSON'S
 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] SUCH PERSON thereafter attempts to flee such  offi-
 cer  or  such vehicle by driving at speeds which equal or exceed twenty-
 five miles per hour above the speed limit or engaging in reckless  driv-
 ing  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] SUCH PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08208-01-5
              

 A. 5241                             2
 
 commits  the offense of unlawful fleeing a police officer OR PEACE OFFI-
 CER in a motor vehicle in the third degree, as defined in section 270.25
 of this article, and as a result of such conduct a police officer, PEACE
 OFFICER or a third person suffers serious physical injury.
   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] SUCH  PERSON
 commits  the offense of unlawful fleeing a police officer OR PEACE OFFI-
 CER in a motor vehicle in the third degree, as defined in section 270.25
 of this article, 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.