NY State Senate Bill 2023-S9908

Senate Bill S9908

2023-2024 Legislative Session

Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 11, 2024	referred to rules

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2023-S9908 (ACTIVE) - Details

See Assembly Version of this Bill:: A10661
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§270.25, 270.30 & 270.35, Pen L; amd §§510.10, 530.20 & 530.40, CP L

2023-S9908 (ACTIVE) - Summary

Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail.

2023-S9908 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9908

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to increasing the designation of certain offenses relating to
unlawfully fleeing a police officer and making such offenses eligible
for bail


 
PURPOSE OF BILL:

This bill would increase the criminal penalty for unlawful fleeing a
police officer in a motor vehicle in the 3rd, 2nd and 1st degrees to a
class E felony (up from class A misdemeanor), class D felony (up from
class E), and class C felony (up from class D), respectively. The bill
also includes "unlawful fleeing of a police officer in a motor vehicle"
to the provisions of law governing "qualifying offenses" for the purpose
of setting bail.

 
SUMMARY OF PROVISIONS:

Sections 1 through 3 amends the penal law and reclassifies penal law
section 270.25 as an E felony, penal law section 270.30 as a D felony
and 2 70.35 as a C felony.

Sections 4, 5 and 6 amend the applicable provisions of law governing
securing orders to include the unlawful fleeing of a police car in a
motor vehicle to said provisions.

§ 7. Establishes the effective date.

 
JUSTIFICATION:

Data collected from the New York State Police and New York State Sher-
iffs Association indicates that in the previous six years, the number of
police pursuits have increased annually. For the period 2018-2019 the
average number of pursuits per year was 440 and for the years 2020-2021
the average number of pursuits per year was approximately 770. The aver-
age number of pursuits per year for 2022-2023 was 83

These pursuits often result in property damage, personal injury and
occasionally are fatal. Increasing the penalties for committing such an
act recognizes the seriousness of these offenses and making each of
these offenses eligible for bail will allow judges to remand the defend-
ants that are creating a public safety hazard by failing to comply with
the lawful actions of police officers when executing a traffic stop.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9908 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9908
 
                             I N  S E N A T E
 
                            September 11, 2024
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO,  GRIFFO, OBERACKER, PALUMBO,
   RHOADS, TEDISCO, WEBER -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
   relation to increasing the designation of certain offenses relating to
   unlawfully fleeing a police officer and making such offenses  eligible
   for bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The second undesignated paragraph of section 270.25 of  the
 penal  law,  as  added by chapter 738 of the laws of 2006, is amended to
 read as follows:
   Unlawful fleeing a police officer in a  motor  vehicle  in  the  third
 degree is a class [A misdemeanor] E FELONY.
   §  2. The second undesignated paragraph of section 270.30 of the penal
 law, as added by chapter 738 of the laws of 2006, is amended to read  as
 follows:
   Unlawful  fleeing  a  police  officer in a motor vehicle in the second
 degree is a class [E] D felony.
   § 3. The second undesignated paragraph of section 270.35 of the  penal
 law,  as added by chapter 738 of the laws of 2006, is amended to read as
 follows:
   Unlawful fleeing a police officer in a  motor  vehicle  in  the  first
 degree is a class [D] C felony.
   §  4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15767-01-4
 S. 9908                             2
 
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, or any charge of criminal possession of a firearm as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her] THEIR own recognizance or under appropriate
 non-monetary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE  THIRD
 DEGREE AS DEFINED IN SECTION 270.25 OF THE PENAL LAW; UNLAWFUL FLEEING A
 POLICE  OFFICER  IN  A  MOTOR VEHICLE IN THE SECOND DEGREE AS DEFINED IN
 SECTION 270.30 OF THE PENAL LAW; OR UNLAWFUL FLEEING A POLICE OFFICER IN
 A MOTOR VEHICLE IN THE FIRST DEGREE AS DEFINED IN SECTION 270.35 OF  THE
 PENAL LAW.
   § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her] THEIR own recognizance, released under conditions, or had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, provided, however, that  the  prosecutor  must  show
 reasonable  cause  to  believe  that the defendant committed the instant
 crime and any underlying crime. For the purposes of  this  subparagraph,
 any of the underlying crimes need not be a qualifying offense as defined
 in  this  subdivision.  For  the purposes of this paragraph, "harm to an
 identifiable person or property" shall include but  not  be  limited  to
 theft  of  or  damage  to  property. However, based upon a review of the
 facts alleged in the accusatory instrument, if the court determines that
 such theft is negligible and does not appear to  be  in  furtherance  of
 other criminal activity, the principal shall be released on [his or her]
 THEIR  own  recognizance  or  under appropriate non-monetary conditions;
 [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) UNLAWFUL FLEEING A POLICE OFFICER IN A  MOTOR  VEHICLE  IN  THE
 THIRD  DEGREE  AS  DEFINED  IN SECTION 270.25 OF THE PENAL LAW; UNLAWFUL
 FLEEING A POLICE OFFICER IN A MOTOR VEHICLE  IN  THE  SECOND  DEGREE  AS
 DEFINED IN SECTION 270.30 OF THE PENAL LAW; OR UNLAWFUL FLEEING A POLICE
 S. 9908                             3
 
 OFFICER  IN  A  MOTOR  VEHICLE IN THE FIRST DEGREE AS DEFINED IN SECTION
 270.35 OF THE PENAL LAW.
   §  6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, or any charge of criminal possession of a firearm as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on [his or her] THEIR own  recognizance  or  under  appropriate
 non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE THIRD
 DEGREE AS DEFINED IN SECTION 270.25 OF THE PENAL LAW; UNLAWFUL FLEEING A
 POLICE OFFICER IN A MOTOR VEHICLE IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION 270.30 OF THE PENAL LAW; OR UNLAWFUL FLEEING A POLICE OFFICER IN
 A  MOTOR VEHICLE IN THE FIRST DEGREE AS DEFINED IN SECTION 270.35 OF THE
 PENAL LAW.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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