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

                                         2771

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 21, 2009
                                      ___________

       Introduced  by  M.  of  A.  KOLB,  ERRIGO, WALKER, McKEVITT, MOLINARO --
         Multi-Sponsored by -- M.  of A. CALHOUN, CROUCH, OAKS, REILICH -- read
         once and referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to establishing  the  offense
         of vehicular obstruction of governmental administration

         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 a new section 195.09  to
    2  read as follows:
    3  S 195.09 VEHICULAR OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION.
    4    A  PERSON  IS GUILTY OF VEHICULAR OBSTRUCTION OF GOVERNMENTAL ADMINIS-
    5  TRATION WHEN, WITH THE INTENT OF PREVENTING A POLICE  OFFICER  OR  PEACE
    6  OFFICER  FROM  PERFORMING A LAWFUL DUTY, SUCH PERSON FAILS TO RESPOND TO
    7  SUCH OFFICER'S VISUAL OR AUDIBLE DIRECTION OR INSTRUCTION TO  PULL  OVER
    8  AND  STOP  THE  PERSON'S VEHICLE OR BY STOPPING AND SUBSEQUENTLY DRIVING
    9  AWAY PRIOR TO COMPLETION OF THE OFFICER'S INQUIRY.
   10    VEHICULAR OBSTRUCTION OF GOVERNMENTAL  ADMINISTRATION  IS  A  CLASS  D
   11  FELONY.
   12    S  2. Section 70.25 of the penal law is amended by adding a new subdi-
   13  vision 2-h to read as follows:
   14    2-H. WHENEVER A  PERSON  IS  CONVICTED  OF  VEHICULAR  OBSTRUCTION  OF
   15  GOVERNMENTAL ADMINISTRATION AS DEFINED IN SECTION 195.09 OF THIS CHAPTER
   16  AND ANY OTHER OFFENSE DEFINED IN THIS CHAPTER OR THE VEHICLE AND TRAFFIC
   17  LAW, THE SENTENCES FOR SUCH OFFENSES SHALL RUN CONSECUTIVELY.
   18    S 3. This act shall take effect on the first of November next succeed-
   19  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.
                                                                  LBD03692-01-9