CRAIG J. TODESCHINI UNLAWFUL FLEEING A POLICE OFFICER ACT

LAWS OF NEW YORK, 2006
CHAPTER 738

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the penal law, in relation to unlawful fleeing a police officer

Became a law September 13, 2006, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Short title. This act shall be known and may be cited as the "Craig J. Todeschini unlawful fleeing a police officer act".

  §2. The penal law is amended by adding three new sections 270.25, 270.30 and 270.35 to read as follows:

§270.25 Unlawful fleeing a police officer in a motor vehicle in the third degree.

  A person is guilty of unlawful fleeing a police officer in a motor vehicle in the third degree when, knowing that he or she has been directed to stop his or her motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either the lights or the lights and siren of such vehicle, he or she thereafter attempts to flee such officer or such vehicle by driving at speeds which equal or exceed twenty-five miles per hour above the speed limit or engaging in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law.

  Unlawful fleeing a police officer in a motor vehicle in the third degree is a class A misdemeanor.

§270.30 Unlawful fleeing a police officer in a motor vehicle in the second degree.

  A person is guilty of unlawful fleeing a police officer in a motor vehicle in the second degree when he or she commits the offense of unlawful fleeing a police officer in a motor vehicle in the third degree, as defined in section 270.25 of this article, and as a result of such conduct a police officer or a third person suffers serious physical injury.

  Unlawful fleeing a police officer in a motor vehicle in the second degree is a class E felony.

§ 270.35 Unlawful fleeing a police officer in a motor vehicle in the first degree.

  A person is guilty of unlawful fleeing a police officer in a motor vehicle in the first degree when he or she commits the offense of unlawful fleeing a police officer in a motor vehicle in the third degree, as defined in section 270.25 of this article, and as a result of such conduct a police officer or a third person is killed.

  Unlawful fleeing a police officer in a motor vehicle in the first degree is a class D felony.

  §3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly