Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 18, 2009 |
referred to codes |
Senate Bill S5568
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5568 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5357
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §§205.35 - 205.45, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2217
2009-S5568 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5568 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
2009-S5568 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5568 2009-2010 Regular Sessions I N S E N A T E May 18, 2009 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to eluding a police officer 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 three new sections 205.35, 205.40 and 205.45 to read as follows: S 205.35 ELUDING A POLICE OFFICER IN THE THIRD DEGREE. A PERSON IS GUILTY OF ELUDING A POLICE OFFICER IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY ELUDES OR ATTEMPTS TO ELUDE A POLICE OFFICER WHILE OPERATING A MOTOR VEHICLE, WHILE RIDING IN A MOTOR VEHICLE OPER- ATED BY ANOTHER PERSON, THROUGH THE USE OF PUBLIC TRANSPORTATION OR ON FOOT, AND KNOWS OR REASONABLY SHOULD KNOW THAT HE OR SHE IS BEING PURSUED BY SUCH POLICE OFFICER, AND THEREBY CAUSES A RISK TO THE SAFETY OF THE GENERAL PUBLIC. ELUDING A POLICE OFFICER IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 205.40 ELUDING A POLICE OFFICER IN THE SECOND DEGREE. A PERSON IS GUILTY OF ELUDING A POLICE OFFICER IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ELUDING A POLICE OFFICER IN THE THIRD DEGREE, AND PHYSICAL INJURY TO ANOTHER PERSON RESULTS THEREFROM. ELUDING A POLICE OFFICER IN THE SECOND DEGREE IS A CLASS E FELONY. S 205.45 ELUDING A POLICE OFFICER IN THE FIRST DEGREE. A PERSON IS GUILTY OF ELUDING A POLICE OFFICER IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ELUDING A POLICE OFFICER IN THE SECOND DEGREE, AND SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON RESULTS THEREFROM. ELUDING A POLICE OFFICER IN THE FIRST DEGREE IS A CLASS D FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08003-01-9
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