In relation to the unlawful fleeing a police officer in a motor vehicle

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 establishes the effective date of this law as Immediately after the bill become law.

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.

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, pull-over'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

This is a new bill.

Fiscal implications

This bill has no fiscal implications on the State.

Effective date

Section two establishes the effective date of this law as Immediately after the bill becomes law.