STATE OF NEW YORK
________________________________________________________________________
5357
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. SPANO, BROOK-KRASNY, ABBATE, JOHN -- Multi-Spon-
sored by -- M. of A. CROUCH, GABRYSZAK, WEISENBERG -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to eluding a police officer
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 three new sections
2 205.35, 205.40 and 205.45 to read as follows:
3 § 205.35 Eluding a police officer in the third degree.
4 A person is guilty of eluding a police officer in the third degree
5 when he or she knowingly eludes or attempts to elude a police officer
6 while operating a motor vehicle, while riding in a motor vehicle oper-
7 ated by another person, through the use of public transportation or on
8 foot, and knows or reasonably should know that he or she is being
9 pursued by such police officer, and thereby causes a risk to the safety
10 of the general public.
11 Eluding a police officer in the third degree is a class A misdemeanor.
12 § 205.40 Eluding a police officer in the second degree.
13 A person is guilty of eluding a police officer in the second degree
14 when he or she commits the crime of eluding a police officer in the
15 third degree, and physical injury to another person results therefrom.
16 Eluding a police officer in the second degree is a class E felony.
17 § 205.45 Eluding a police officer in the first degree.
18 A person is guilty of eluding a police officer in the first degree
19 when he or she commits the crime of eluding a police officer in the
20 second degree, and serious physical injury or death to another person
21 results therefrom.
22 Eluding a police officer in the first degree is a class D felony.
23 § 2. This act shall take effect on the first of November next succeed-
24 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.
LBD08003-01-9
