NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3485
SPONSOR: DeStefano TITLE OF BILL:
An act to amend the penal law and the vehicle and traffic law, in
relation to including peace officers in certain offenses against public
safety
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the penal law and the vehicle and traffic law, in
relation to including peace officers in certain offenses against public
safety.
SUMMARY OF PROVISIONS:
to amend section 270.25 of the penal law, as added by chapter 738 of the
laws of 2006 for unlawful fleeing a police officer or peace officer in a
motor vehicle in the third degree. To add unlawful fleeing a police
officer or peace officer in a motor vehicle in the second degree to
section 270.30 of the penal,law, as added by chapter 738 of the laws of
2006. Amending section 270.35 of penal law, as added by chapter 738 of
the laws of 2006 to unlawful fleeing a police officer or peace officer
in a motor vehicle in the first degree. Amending 496 of the laws of
2021 to authorized emergency vehicle, ambulance, police vehicle or bicy-
cle , peace officer vehicle provided by a law enforcement agency,
correction vehicle, fire vehicle, civil defense emergency vehicle, human
organ delivery vehicle, county emergency medical service vehicle, envi-
ronmental emergency response vehicle, sanitation patrol vehicle, hazard-
ous materials emergency vehicle and ordnance disposal vehicle of the
armed forces of the United States
JUSTIFICATION:
An act to amend the penal law and vehicle and traffic laws in relation
to including peace officer in certain offenses against public safety
PRIOR LEGISLATIVE HISTORY:
A.10683 of 2021/22-referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
immediately
STATE OF NEW YORK
________________________________________________________________________
3485
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DeSTEFANO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to including peace officers in certain offenses against
public safety
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 270.25 of the penal law, as added by chapter 738 of
2 the laws of 2006, is amended to read as follows:
3 § 270.25 Unlawful fleeing a police officer or peace officer in a motor
4 vehicle in the third degree.
5 A person is guilty of unlawful fleeing a police officer or peace offi-
6 cer in a motor vehicle in the third degree when, knowing that he or she
7 has been directed to stop his or her motor vehicle by a uniformed police
8 officer or peace officer or a marked police vehicle or marked law
9 enforcement agency peace officer vehicle by the activation of either the
10 lights or the lights and siren of such vehicle, he or she thereafter
11 attempts to flee such officer or such vehicle by driving at speeds which
12 equal or exceed twenty-five miles per hour above the speed limit or
13 engaging in reckless driving as defined by section twelve hundred twelve
14 of the vehicle and traffic law.
15 Unlawful fleeing a police officer or peace officer in a motor vehicle
16 in the third degree is a class A misdemeanor.
17 § 2. Section 270.30 of the penal law, as added by chapter 738 of the
18 laws of 2006, is amended to read as follows:
19 § 270.30 Unlawful fleeing a police officer or peace officer in a motor
20 vehicle in the second degree.
21 A person is guilty of unlawful fleeing a police officer or peace offi-
22 cer in a motor vehicle in the second degree when he or she commits the
23 offense of unlawful fleeing a police officer or peace officer in a motor
24 vehicle in the third degree, as defined in section 270.25 of this arti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08022-01-3
A. 3485 2
1 cle, and as a result of such conduct a police officer, peace officer or
2 a third person suffers serious physical injury.
3 Unlawful fleeing a police officer or peace officer in a motor vehicle
4 in the second degree is a class E felony.
5 § 3. Section 270.35 of the penal law, as added by chapter 738 of the
6 laws of 2006, is amended to read as follows:
7 § 270.35 Unlawful fleeing a police officer or peace officer in a motor
8 vehicle in the first degree.
9 A person is guilty of unlawful fleeing a police officer or peace offi-
10 cer in a motor vehicle in the first degree when he or she commits the
11 offense of unlawful fleeing a police officer or peace officer in a motor
12 vehicle in the third degree, as defined in section 270.25 of this arti-
13 cle, and as a result of such conduct a police officer, peace officer or
14 a third person is killed.
15 Unlawful fleeing a police officer or peace officer in a motor vehicle
16 in the first degree is a class D felony.
17 § 4. Section 101 of the vehicle and traffic law, as amended by chapter
18 496 of the laws of 2021, is amended to read as follows:
19 § 101. Authorized emergency vehicle. Every ambulance, police vehicle
20 or bicycle, peace officer vehicle provided by a law enforcement agency,
21 correction vehicle, fire vehicle, civil defense emergency vehicle, emer-
22 gency ambulance service vehicle, blood delivery vehicle, human organ
23 delivery vehicle, county emergency medical services vehicle, environ-
24 mental emergency response vehicle, sanitation patrol vehicle, hazardous
25 materials emergency vehicle and ordnance disposal vehicle of the armed
26 forces of the United States.
27 § 5. This act shall take effect immediately.
