Bill Text: NY S09908 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-09-11 - REFERRED TO RULES [S09908 Detail]

Download: New_York-2023-S09908-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9908

                    IN SENATE

                                   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:

     1    Section 1. The second undesignated paragraph of section 270.25 of  the
     2  penal  law,  as  added by chapter 738 of the laws of 2006, is amended to
     3  read as follows:
     4    Unlawful fleeing a police officer in a  motor  vehicle  in  the  third
     5  degree is a class [A misdemeanor] E felony.
     6    §  2. The second undesignated paragraph of section 270.30 of the penal
     7  law, as added by chapter 738 of the laws of 2006, is amended to read  as
     8  follows:
     9    Unlawful  fleeing  a  police  officer in a motor vehicle in the second
    10  degree is a class [E] D felony.
    11    § 3. The second undesignated paragraph of section 270.35 of the  penal
    12  law,  as added by chapter 738 of the laws of 2006, is amended to read as
    13  follows:
    14    Unlawful fleeing a police officer in a  motor  vehicle  in  the  first
    15  degree is a class [D] C felony.
    16    §  4. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
    17  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    18  added  by section 2 of subpart B of part UU of chapter 56 of the laws of
    19  2022, are amended and a new paragraph (v) is added to read as follows:
    20    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    21  able  person  or  property,  or  any  charge of criminal possession of a
    22  firearm as defined in section 265.01-b of  the  penal  law,  where  such
    23  charge  arose from conduct occurring while the defendant was released on
    24  [his or her] their own recognizance, released under conditions,  or  had
    25  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

     1  separate felony or class A misdemeanor involving harm to an identifiable
     2  person or property, or any charge of criminal possession of a firearm as
     3  defined  in  section  265.01-b of the penal law, provided, however, that
     4  the  prosecutor must show reasonable cause to believe that the defendant
     5  committed the instant crime and any underlying crime. For  the  purposes
     6  of  this subparagraph, any of the underlying crimes need not be a quali-
     7  fying offense as defined in this subdivision. For the purposes  of  this
     8  paragraph,  "harm  to  an identifiable person or property" shall include
     9  but not be limited to theft of or damage  to  property.  However,  based
    10  upon  a review of the facts alleged in the accusatory instrument, if the
    11  court determines that such theft is negligible and does not appear to be
    12  in furtherance of  other  criminal  activity,  the  principal  shall  be
    13  released  on  [his  or  her] their own recognizance or under appropriate
    14  non-monetary conditions; [or]
    15    (u) criminal possession of a weapon in the third degree as defined  in
    16  subdivision three of section 265.02 of the penal law or criminal sale of
    17  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    18  or
    19    (v) unlawful fleeing a police officer in a motor vehicle in the  third
    20  degree as defined in section 270.25 of the penal law; unlawful fleeing a
    21  police  officer  in  a  motor vehicle in the second degree as defined in
    22  section 270.30 of the penal law; or unlawful fleeing a police officer in
    23  a motor vehicle in the first degree as defined in section 270.35 of  the
    24  penal law.
    25    § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    26  section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
    27  amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
    28  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    29  agraph (xxii) is added to read as follows:
    30    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    31  able person or property, or any  charge  of  criminal  possession  of  a
    32  firearm  as  defined  in  section  265.01-b  of the penal law where such
    33  charge arose from conduct occurring while the defendant was released  on
    34  [his  or  her] their own recognizance, released under conditions, or had
    35  yet to be arraigned after the issuance of a desk appearance ticket for a
    36  separate felony or class A misdemeanor involving harm to an identifiable
    37  person or property, provided, however, that  the  prosecutor  must  show
    38  reasonable  cause  to  believe  that the defendant committed the instant
    39  crime and any underlying crime. For the purposes of  this  subparagraph,
    40  any of the underlying crimes need not be a qualifying offense as defined
    41  in  this  subdivision.  For  the purposes of this paragraph, "harm to an
    42  identifiable person or property" shall include but  not  be  limited  to
    43  theft  of  or  damage  to  property. However, based upon a review of the
    44  facts alleged in the accusatory instrument, if the court determines that
    45  such theft is negligible and does not appear to  be  in  furtherance  of
    46  other criminal activity, the principal shall be released on [his or her]
    47  their  own  recognizance  or  under appropriate non-monetary conditions;
    48  [or]
    49    (xxi) criminal possession of a weapon in the third degree  as  defined
    50  in subdivision three of section 265.02 of the penal law or criminal sale
    51  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    52  law[.]; or
    53    (xxii) unlawful fleeing a police officer in a  motor  vehicle  in  the
    54  third  degree  as  defined  in section 270.25 of the penal law; unlawful
    55  fleeing a police officer in a motor vehicle  in  the  second  degree  as
    56  defined in section 270.30 of the penal law; or unlawful fleeing a police
        S. 9908                             3

     1  officer  in  a  motor  vehicle in the first degree as defined in section
     2  270.35 of the penal law.
     3    §  6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
     4  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
     5  added  by section 4 of subpart B of part UU of chapter 56 of the laws of
     6  2022, are amended and a new paragraph (v) is added to read as follows:
     7    (t) any felony or class A misdemeanor involving harm to  an  identifi-
     8  able  person  or  property,  or  any  charge of criminal possession of a
     9  firearm as defined in section 265.01-b of  the  penal  law,  where  such
    10  charge  arose from conduct occurring while the defendant was released on
    11  [his or her] their own recognizance, released under conditions,  or  had
    12  yet to be arraigned after the issuance of a desk appearance ticket for a
    13  separate felony or class A misdemeanor involving harm to an identifiable
    14  person or property, or any charge of criminal possession of a firearm as
    15  defined  in  section  265.01-b of the penal law, provided, however, that
    16  the prosecutor must show reasonable cause to believe that the  defendant
    17  committed  the  instant crime and any underlying crime. For the purposes
    18  of this subparagraph, any of the underlying crimes need not be a  quali-
    19  fying  offense  as defined in this subdivision. For the purposes of this
    20  paragraph, "harm to an identifiable person or  property"  shall  include
    21  but  not  be  limited  to theft of or damage to property. However, based
    22  upon a review of the facts alleged in the accusatory instrument, if  the
    23  court determines that such theft is negligible and does not appear to be
    24  in  furtherance  of  other  criminal  activity,  the  principal shall be
    25  released on [his or her] their own  recognizance  or  under  appropriate
    26  non-monetary conditions; [or]
    27    (u)  criminal possession of a weapon in the third degree as defined in
    28  subdivision three of section 265.02 of the penal law or criminal sale of
    29  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    30  or
    31    (v)  unlawful fleeing a police officer in a motor vehicle in the third
    32  degree as defined in section 270.25 of the penal law; unlawful fleeing a
    33  police officer in a motor vehicle in the second  degree  as  defined  in
    34  section 270.30 of the penal law; or unlawful fleeing a police officer in
    35  a  motor vehicle in the first degree as defined in section 270.35 of the
    36  penal law.
    37    § 7. This act shall take effect on the first of November next succeed-
    38  ing the date on which it shall have become a law.