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A03132 Summary:

BILL NOA03132
 
SAME ASSAME AS S00224
 
SPONSORSimpson
 
COSPNSR
 
MLTSPNSR
 
Amd §§270.25, 270.30 & 270.35, Pen L; amd §§510.10, 530.20 & 530.40, CP L
 
Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail.
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A03132 Actions:

BILL NOA03132
 
01/23/2025referred to codes
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A03132 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3132
 
SPONSOR: Simpson
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: This bill increases the penalties for each respective section of the penal law 270.25, 270.30, 270.35 by reclassifying the crimes and amends criminal procedure law 510.10, 510.20 and 510.40 adding each Unlawfully Fleeing a Police Officer in a Motor Vehicle category as a qualifying offense for the purpose of setting bail.   SUMMARY OF PROVISIONS: Section 1 amends the penal law and reclassifies penal law section 270.25 as an E felony, penal law section 270.30 as a D felony and 2 70.35 as a C felony. Section 2 amends the criminal procedure law to add Unlawfully Fleeing a police officer in a motor vehicle in the third degree, Unlawfully Flee- ing a police officer in a motor vehicle in the second degree and Unlaw- fully Fleeing a police officer in a motor vehicle in the first degree to the list• of qualifying offenses for the purpose of setting bail. Section 5 establishes the effective date.   JUSTIFICATION: On September 26, 2019, a suspect fled from a New York State Trooper after they were observed driving at an excessive speed through a Depart- ment of Transportation work zone on Interstate 87. A pursuit ensued and lasted approximately 28 miles, when the suspect exited the highway, the vehicle struck another motor vehicle near exit 25, tragically killing Joseph Turcotte.The bill increases the penalties for each category of Unlawfully Fleeing a Police Officer in a Motor Vehicle and designates each offense as a qualifying offense, making each crime eligible for bail. Data collected from the New York State Police and New York State Sheriff's Association indicates that in the previous six years, the number of police pursuits have increased annually. For the period 2 018-2019 the average number of pursuits per year was 440 and for the years 2020-2021 the average number of pursuits per year was approximate- ly 770. The average number of pursuits per year for 2022-2023 was 835. These pursuits often result in property damage, personal injury and occasionally are fatal. Making each of these offenses eligible for bail will allow judges to remand the defendants that are creating a public safety hazard by failing to comply with the lawful actions of police officers when executing a traffic stop.   PRIOR LEGISLATIVE HISTORY: 2024: A10661 - referred to codes S9908 - referred to rules   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take place immediately.
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A03132 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3132
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2025
                                       ___________
 
        Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
          tee on Codes
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01067-01-5

        A. 3132                             2
 
     1  [his  or  her] their own recognizance, released under conditions, or had
     2  yet to be arraigned after the issuance of a desk appearance ticket for a
     3  separate felony or class A misdemeanor involving harm to an identifiable
     4  person or property, or any charge of criminal possession of a firearm as
     5  defined  in  section  265.01-b of the penal law, provided, however, that
     6  the prosecutor must show reasonable cause to believe that the  defendant
     7  committed  the  instant crime and any underlying crime. For the purposes
     8  of this subparagraph, any of the underlying crimes need not be a  quali-
     9  fying  offense  as defined in this subdivision. For the purposes of this
    10  paragraph, "harm to an identifiable person or  property"  shall  include
    11  but  not  be  limited  to theft of or damage to property. However, based
    12  upon a review of the facts alleged in the accusatory instrument, if  the
    13  court determines that such theft is negligible and does not appear to be
    14  in  furtherance  of  other  criminal  activity,  the  principal shall be
    15  released on [his or her] their own  recognizance  or  under  appropriate
    16  non-monetary conditions; [or]
    17    (u)  criminal possession of a weapon in the third degree as defined in
    18  subdivision three of section 265.02 of the penal law or criminal sale of
    19  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    20  or
    21    (v)  unlawful fleeing a police officer in a motor vehicle in the third
    22  degree as defined in section 270.25 of the penal law; unlawful fleeing a
    23  police officer in a motor vehicle in the second  degree  as  defined  in
    24  section 270.30 of the penal law; or unlawful fleeing a police officer in
    25  a  motor vehicle in the first degree as defined in section 270.35 of the
    26  penal law.
    27    § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    28  section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
    29  amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
    30  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    31  agraph (xxii) is added to read as follows:
    32    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    33  able  person  or  property,  or  any  charge of criminal possession of a
    34  firearm as defined in section 265.01-b  of  the  penal  law  where  such
    35  charge  arose from conduct occurring while the defendant was released on
    36  [his or her] their own recognizance, released under conditions,  or  had
    37  yet to be arraigned after the issuance of a desk appearance ticket for a
    38  separate felony or class A misdemeanor involving harm to an identifiable
    39  person  or  property,  provided,  however, that the prosecutor must show
    40  reasonable cause to believe that the  defendant  committed  the  instant
    41  crime  and  any underlying crime. For the purposes of this subparagraph,
    42  any of the underlying crimes need not be a qualifying offense as defined
    43  in this subdivision. For the purposes of this  paragraph,  "harm  to  an
    44  identifiable  person  or  property"  shall include but not be limited to
    45  theft of or damage to property. However, based  upon  a  review  of  the
    46  facts alleged in the accusatory instrument, if the court determines that
    47  such  theft  is  negligible  and does not appear to be in furtherance of
    48  other criminal activity, the principal shall be released on [his or her]
    49  their own recognizance or  under  appropriate  non-monetary  conditions;
    50  [or]
    51    (xxi)  criminal  possession of a weapon in the third degree as defined
    52  in subdivision three of section 265.02 of the penal law or criminal sale
    53  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    54  law[.]; or
    55    (xxii)  unlawful  fleeing  a  police officer in a motor vehicle in the
    56  third degree as defined in section 270.25 of  the  penal  law;  unlawful

        A. 3132                             3

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