Assembly Bill A5357

2009-2010 Legislative Session

Establishes offenses related to eluding a police officer

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Archive: Last Bill Status - In Assembly 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

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2009-A5357 (ACTIVE) - Details

See Senate Version of this Bill:
S5568
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง205.35 - 205.45, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2217

2009-A5357 (ACTIVE) - Summary

Creates the crimes of eluding a police officer in the third, second and first degrees.

2009-A5357 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5357

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. SPANO, BROOK-KRASNY, ABBATE, JOHN -- Multi-Spon-
  sored by -- M. of A.  CROUCH, GABRYSZAK, WEISENBERG -- read  once  and
  referred 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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