S 224: Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 224 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, MURRAY, OBERACKER, PALUMBO, RHOADS, ROLISON, TEDISCO, WEBER -- read twice and ordered printed, and when printed to be committed to the Committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01067-01-5 
 S. 224 2 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 [his or her] their own recognizance, released under conditions, or had 4 yet to be arraigned after the issuance of a desk appearance ticket for a 5 separate felony or class A misdemeanor involving harm to an identifiable 6 person or property, or any charge of criminal possession of a firearm as 7 defined in section 265.01-b of the penal law, provided, however, that 8 the prosecutor must show reasonable cause to believe that the defendant 9 committed the instant crime and any underlying crime. For the purposes 10 of this subparagraph, any of the underlying crimes need not be a quali- 11 fying offense as defined in this subdivision. For the purposes of this 12 paragraph, "harm to an identifiable person or property" shall include 13 but not be limited to theft of or damage to property. However, based 14 upon a review of the facts alleged in the accusatory instrument, if the 15 court determines that such theft is negligible and does not appear to be 16 in furtherance of other criminal activity, the principal shall be 17 released on [his or her] their own recognizance or under appropriate 18 non-monetary conditions; [or] 19 (u) criminal possession of a weapon in the third degree as defined in 20 subdivision three of section 265.02 of the penal law or criminal sale of 21 a firearm to a minor as defined in section 265.16 of the penal law[.]; 22 or 23 (v) unlawful fleeing a police officer in a motor vehicle in the third 24 degree as defined in section 270.25 of the penal law; unlawful fleeing a 25 police officer in a motor vehicle in the second degree as defined in 26 section 270.30 of the penal law; or unlawful fleeing a police officer in 27 a motor vehicle in the first degree as defined in section 270.35 of the 28 penal law. 29 § 5. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 30 section 530.20 of the criminal procedure law, subparagraph (xx) as 31 amended and subparagraph (xxi) as added by section 4 of subpart C of 32 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 33 agraph (xxii) is added to read as follows: 34 (xx) any felony or class A misdemeanor involving harm to an identifi- 35 able person or property, or any charge of criminal possession of a 36 firearm as defined in section 265.01-b of the penal law where such 37 charge arose from conduct occurring while the defendant was released on 38 [his or her] their own recognizance, released under conditions, or had 39 yet to be arraigned after the issuance of a desk appearance ticket for a 40 separate felony or class A misdemeanor involving harm to an identifiable 41 person or property, provided, however, that the prosecutor must show 42 reasonable cause to believe that the defendant committed the instant 43 crime and any underlying crime. For the purposes of this subparagraph, 44 any of the underlying crimes need not be a qualifying offense as defined 45 in this subdivision. For the purposes of this paragraph, "harm to an 46 identifiable person or property" shall include but not be limited to 47 theft of or damage to property. However, based upon a review of the 48 facts alleged in the accusatory instrument, if the court determines that 49 such theft is negligible and does not appear to be in furtherance of 50 other criminal activity, the principal shall be released on [his or her] 51 their own recognizance or under appropriate non-monetary conditions; 52 [or] 53 (xxi) criminal possession of a weapon in the third degree as defined 54 in subdivision three of section 265.02 of the penal law or criminal sale 55 of a firearm to a minor as defined in section 265.16 of the penal 56 law[.]; or 
 S. 224 3 1 (xxii) unlawful fleeing a police officer in a motor vehicle in the 2 third degree as defined in section 270.25 of the penal law; unlawful 3 fleeing a police officer in a motor vehicle in the second degree as 4 defined in section 270.30 of the penal law; or unlawful fleeing a police 5 officer in a motor vehicle in the first degree as defined in section 6 270.35 of the penal law. 7 § 6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 8 criminal procedure law, paragraph (t) as amended and paragraph (u) as 9 added by section 4 of subpart B of part UU of chapter 56 of the laws of 10 2022, are amended and a new paragraph (v) is added to read as follows: 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law, where such 14 charge arose from conduct occurring while the defendant was released on 15 [his or her] their own recognizance, released under conditions, or had 16 yet to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person or property, or any charge of criminal possession of a firearm as 19 defined in section 265.01-b of the penal law, provided, however, that 20 the prosecutor must show reasonable cause to believe that the defendant 21 committed the instant crime and any underlying crime. For the purposes 22 of this subparagraph, any of the underlying crimes need not be a quali- 23 fying offense as defined in this subdivision. For the purposes of this 24 paragraph, "harm to an identifiable person or property" shall include 25 but not be limited to theft of or damage to property. However, based 26 upon a review of the facts alleged in the accusatory instrument, if the 27 court determines that such theft is negligible and does not appear to be 28 in furtherance of other criminal activity, the principal shall be 29 released on [his or her] their own recognizance or under appropriate 30 non-monetary conditions; [or] 31 (u) criminal possession of a weapon in the third degree as defined in 32 subdivision three of section 265.02 of the penal law or criminal sale of 33 a firearm to a minor as defined in section 265.16 of the penal law[.]; 34 or 35 (v) unlawful fleeing a police officer in a motor vehicle in the third 36 degree as defined in section 270.25 of the penal law; unlawful fleeing a 37 police officer in a motor vehicle in the second degree as defined in 38 section 270.30 of the penal law; or unlawful fleeing a police officer in 39 a motor vehicle in the first degree as defined in section 270.35 of the 40 penal law. 41 § 7. This act shall take effect on the first of November next succeed- 42 ing the date on which it shall have become a law.