New York A 3132: Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail

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A03132 Summary:

BILL NOA03132 

&nbsp

SAME ASSAME AS S00224

&nbsp

SPONSORSimpson

&nbsp

COSPNSRAngelino

&nbsp

MLTSPNSR

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Amd §§270.25, 270.30 & 270.35, Pen L; amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail.

Go to top A03132 Actions:

BILL NOA03132 

&nbsp

01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03132 Committee&nbspVotes:

Go to topA03132 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03132 Text:

 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 th