Bill Text: NY A00751 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the penal law, in relation to the crime of evading arrest or detention

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00751 Detail]

Download: New_York-2009-A00751-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          751
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. McDONOUGH, WALKER, RAIA, GIGLIO, FINCH -- Multi-
         Sponsored by -- M. of A. BOYLAND, BURLING -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in  relation  to  the  crime  of  evading
         arrest or detention
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law  is  amended  by  adding  five  new  sections
    2  205.35, 205.36, 205.37, 205.38 and 205.39 to read as follows:
    3  S 205.35 EVADING ARREST OR DETENTION IN THE FIFTH DEGREE.
    4    A  PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FIFTH DEGREE
    5  WHEN HE OR SHE INTENTIONALLY FLEES FROM A PERSON  HE  OR  SHE  KNOWS  OR
    6  REASONABLY  SHOULD  KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
    7  TO ARREST OR DETAIN HIM OR HER.
    8    EVADING ARREST OR DETENTION IN THE FIFTH DEGREE IS A CLASS A MISDEMEA-
    9  NOR.
   10  S 205.36 EVADING ARREST OR DETENTION IN THE FOURTH DEGREE.
   11    A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FOURTH DEGREE
   12  WHEN:
   13    1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON  HE  OR  SHE  KNOWS  OR
   14  REASONABLY  SHOULD  KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
   15  TO ARREST OR DETAIN HIM OR HER; AND
   16    2. (A) HE OR SHE USES A MOTOR VEHICLE WHILE HE OR SHE IS FLEEING; OR
   17    (B) THE CRIME FOR WHICH HE OR SHE IS BEING ARRESTED OR DETAINED FOR IS
   18  A FELONY; OR
   19    (C) HE OR SHE IS IN POSSESSION OF A DEADLY WEAPON.
   20    EVADING ARREST OR DETENTION IN THE FOURTH DEGREE IS A CLASS E FELONY.
   21  S 205.37 EVADING ARREST OR DETENTION IN THE THIRD DEGREE.
   22    A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE THIRD  DEGREE
   23  WHEN:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01472-01-9
       A. 751                              2
    1    1.  HE  OR  SHE  INTENTIONALLY  FLEES FROM A PERSON HE OR SHE KNOWS OR
    2  REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE  OFFICER  ATTEMPTING
    3  TO ARREST OR DETAIN HIM OR HER; AND
    4    2. A THIRD PERSON OR THE POLICE OFFICER OR PEACE OFFICER SUFFERS PHYS-
    5  ICAL  INJURY  AS  A  DIRECT  RESULT  OF  THE  ATTEMPT TO EVADE ARREST OR
    6  DETENTION.
    7    EVADING ARREST OR DETENTION IN THE THIRD DEGREE IS A CLASS D FELONY.
    8  S 205.38 EVADING ARREST OR DETENTION IN THE SECOND DEGREE.
    9    A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE SECOND DEGREE
   10  WHEN:
   11    1. HE OR SHE INTENTIONALLY FLEES FROM A PERSON  HE  OR  SHE  KNOWS  OR
   12  REASONABLY  SHOULD  KNOW IS A POLICE OFFICER OR PEACE OFFICER ATTEMPTING
   13  TO ARREST OR DETAIN HIM OR HER; AND
   14    2. A THIRD PERSON OR THE POLICE OFFICER OR PEACE OFFICER SUFFERS SERI-
   15  OUS PHYSICAL INJURY AS A DIRECT RESULT OF THE ATTEMPT TO EVADE ARREST OR
   16  DETENTION.
   17    EVADING ARREST OR DETENTION IN THE SECOND DEGREE IS A CLASS C FELONY.
   18  S 205.39 EVADING ARREST OR DETENTION IN THE FIRST DEGREE.
   19    A PERSON IS GUILTY OF EVADING ARREST OR DETENTION IN THE FIRST  DEGREE
   20  WHEN:
   21    1.  HE  OR  SHE  INTENTIONALLY  FLEES FROM A PERSON HE OR SHE KNOWS OR
   22  REASONABLY SHOULD KNOW IS A POLICE OFFICER OR PEACE  OFFICER  ATTEMPTING
   23  TO ARREST OR DETAIN HIM OR HER; AND
   24    2.  A  THIRD  PERSON  OR THE POLICE OFFICER OR PEACE OFFICER DIES AS A
   25  DIRECT RESULT OF THE ATTEMPT TO EVADE ARREST OR DETENTION.
   26    EVADING ARREST OR DETENTION IN THE FIRST DEGREE IS A CLASS B FELONY.
   27    S 2. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.
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