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.
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.
