Bill S775-2009

Establishes the crime of unlawful failure to obey a police officer while operating a motor vehicle

Establishes the crime of unlawful failure to obey a police officer while operating a motor vehicle; provides that a person is guilty of such crime when he or she, when having been directed to stop the vehicle by either a uniformed police officer or a marked police vehicle by the activation of either the lights or the lights and the siren of such vehicle, such person thereafter fails to stop the vehicle in the amount of time it takes to safely stop the vehicle at the side of the road; makes such crime a class B misdemeanor.

Details

Actions

  • Jan 6, 2010: REFERRED TO CODES
  • Jan 15, 2009: REFERRED TO CODES

Memo

 BILL NUMBER:  S775

TITLE OF BILL : An act to amend the penal law, in relation to establishing the crime of unlawful failure to obey a police officer while operating a motor vehicle

PURPOSE : This legislation would make it a crime to disobey a police officer's command to safely stop a motor vehicle.

SUMMARY OF LEGISLATION : Section 1: The penal law is amended by added new section 270.40 which makes unlawful failure to obey a police officer while operating a motor vehicle a class B misdemeanor. This statute requires an operator of a motor vehicle, when directed by a uniformed police officer or a marked police vehicle, to stop the vehicle at the side of the road in the amount of time it takes to bring the vehicle to a stop. Section 2: Effective Date.

EXISTING LAW : None.

JUSTIFICATION : Both high speed and low speed chases can result in dangerous conditions which many times lead to innocent people or law enforcement officers suffering personal injury. Because the current punishment for failing to obey a police officer is relatively lenient, individuals, calculating that the penalties if caught are not great, may attempt to flee the police, rather than pull over S.8445, which dealt with high speed chases by making it a class A misdemeanor to flee from the police at speeds above 25 miles per hour over the speed limit, was signed into law in 2006. However, that bill did not address a motorists failure to stop without disregarding other motor vehicle laws. Therefore, this bill is designed to protect police officers, and other motorists by deterring such activity and appropriately punishing those who fail to stop but do not disregard other motor vehicle laws.

LEGISLATIVE HISTORY : 2005-2006: S.974-A Rules; 2007-2008 Passed Senate.

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.

Text

STATE OF NEW YORK ________________________________________________________________________ 775 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________
Introduced by Sen. ALESI -- 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 establishing the crime of unlawful failure to obey a police officer while operating a motor vehicle 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 270.40 to read as follows: S 270.40 UNLAWFUL FAILURE TO OBEY A POLICE OFFICER WHILE OPERATING A MOTOR VEHICLE. A PERSON IS GUILTY OF UNLAWFUL FAILURE TO OBEY A POLICE OFFICER WHILE OPERATING A MOTOR VEHICLE WHEN HE OR SHE IS OPERATING A MOTOR VEHICLE AND, HAVING BEEN DIRECTED TO STOP THE VEHICLE BY EITHER A UNIFORMED POLICE OFFICER OR A MARKED POLICE VEHICLE BY THE ACTIVATION OF EITHER THE LIGHTS OR THE LIGHTS AND SIREN OF SUCH VEHICLE, THEREAFTER FAILS TO STOP THE VEHICLE IN THE AMOUNT OF TIME IT TAKES TO SAFELY STOP THE VEHI- CLE AT THE SIDE OF THE ROAD. UNLAWFUL FAILURE TO OBEY A POLICE OFFICER WHILE OPERATING A MOTOR VEHICLE IS A CLASS B MISDEMEANOR. 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.

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