Bill Text: NY A03132 | 2025-2026 | General Assembly | Introduced
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 1-0)
Status: (Introduced) 2025-01-23 - referred to codes [A03132 Detail]
Download: New_York-2025-A03132-Introduced.html
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. LBD01067-01-5A. 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; unlawfulA. 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.
