Creates the crime of criminal evasion and makes such crime a class D felony.
BILL NUMBER: S1534
TITLE OF BILL : An act to amend the penal law, in relation to creating the crime of criminal evasion
PURPOSE : This bill is intended to deter reckless behavior committed during the commission of or in an attempt to flee a vehicle and traffic violation and to punish those who engage in such acts, and thereby protect the lives of citizens and law enforcement personnel.
SUMMARY OF PROVISIONS : Adds a new section 205.35 to the penal law. The commitment of reckless driving during the commission of criminal flight is defined in section 212 of the vehicle and traffic law. The Criminal flight crime also contains offenses defined in section 1180 of the vehicle and traffic law.
JUSTIFICATION : This bill recognizes that a person who commits a violation of the vehicle and traffic law, and while committing such violation or is in immediate flight thereupon drives recklessly is putting the lives of law enforcement personnel (enforcing their duties) and average citizens at great peril. As a result, this law establishes the crime of criminal evasion as a class D felony to both deter such reckless evasion and in the event that it occurs to properly punish it as a serious crime.
LEGISLATIVE HISTORY : S.5421 of 2005/06 Referred to Codes
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1534 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________Introduced by Sens. MORAHAN, ALESI, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of criminal evasion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 205.35 to read as follows: S 205.35 CRIMINAL EVASION. A PERSON IS GUILTY OF CRIMINAL EVASION WHEN HE OR SHE COMMITS A VIOLATION OF SECTION ELEVEN HUNDRED TWO OR ELEVEN HUNDRED FORTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND WHILE COMMITTING SUCH VIOLATION OR IN THE IMMEDIATE FLIGHT THEREFROM, COMMITS THE OFFENSE OF RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW AND ANY OFFENSE CONTAINED IN SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW. CRIMINAL EVASION IS A CLASS D FELONY. S 2. This act shall take effect on the first of November next succeed- 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. LBD02275-01-9