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History
- Referred to codes
- Referred to codes
Companion bill
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Establishes offenses related to eluding a police officer
In Assembly Committee · Codes · Sponsor Mike Spano
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to eluding a police officer
Purpose or general idea of bill
This bill creates the crimes of eluding a police officer in the third, second, and first degrees to ensure safety of the general public.
Summary of specific provisions
§205.35 establishes eluding a police officer in the third degree as a class A misdemeanor. A person is guilty of third degree eluding when he or she knowingly eludes or attempts to elude a police officer while operating a motor vehicle, riding in a motor vehicle, using public transportation, or on foot, and knows or reasonably should know that he or she is being pursued.
§205.40 establishes eluding a police officer in the second degree as a class E felony. A person is guilty of second degree eluding when he or she causes physical injury to another in the process of eluding a police officer.
§205.45 establishes eluding a police officer in the first degree as a class D felony. A person is guilty of third degree eluding when he or she causes serious physical injury or death to another in the process of eluding a police officer.
Effects of present law which this bill would alter
The penal law is amended by adding three new sections, 205.35, 205.40, 205.45.
Justification
When a person knows or reasonably should know that he or she is being pursued by a police officer, it is putting both the officer and the general public in danger to avoid confronting the officer. Often in the process of eluding, innocent bystanders are injured and this bill seeks to impose proper punishment for such violations.
Prior legislative history
A.7259 of 2008 A.8307 of 2005-2006.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the first of November the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.