New York 2025-2026 Regular Session

New York Assembly Bill A01070

Introduced
1/8/25  
Refer
1/8/25  

Caption

Designates unlawful fleeing a police officer in a motor vehicle in the third degree as a class E felony; designates unlawful fleeing a police officer in a motor vehicle in the second degree as a class D violent felony offense; designates unlawful fleeing a police officer in a motor vehicle in the first degree as a class B violent felony offense.

Summary

A01070 would increase the criminal penalties for unlawfully fleeing a police officer in a motor vehicle under New York Penal Law. The bill creates the “Hoosock and Jensen law” and reclassifies unlawful fleeing in the third degree from a class A misdemeanor to a class E felony, unlawful fleeing in the second degree from a class E felony to a class D violent felony offense, and unlawful fleeing in the first degree from a class D felony to a class B violent felony offense. The measure is intended to impose substantially harsher punishment for escalating levels of police pursuit by vehicle. The bill would amend three sections of the Penal Law governing unlawful fleeing offenses and would take effect on November 1 following enactment. By elevating these offenses, it would increase potential exposure to felony convictions, longer prison terms, and the collateral consequences associated with violent felony designations for defendants charged under these provisions. The change would also affect prosecutors, defense counsel, courts, and law enforcement by shifting charging and sentencing outcomes for vehicle flight cases.

Impact

The bill would amend Penal Law sections 270.25, 270.30, and 270.35 to raise the classification of unlawful fleeing a police officer in a motor vehicle at all three degrees. In practical terms, it would convert the third-degree offense from a misdemeanor to a felony, make second-degree fleeing a violent felony, and elevate first-degree fleeing to a higher-level violent felony. This would increase sentencing ranges and make the offenses more serious under New York’s criminal code, with corresponding effects on plea bargaining, bail considerations, and post-conviction consequences for affected defendants.

Sentiment

No committee transcript or vote record was provided, so there is no direct record of debate or formal support/opposition in the materials supplied. Based on the bill text alone, the measure appears to reflect a punitive, public-safety-oriented approach to police pursuit offenses, suggesting likely support from lawmakers favoring tougher penalties for dangerous vehicle flight. The absence of recorded discussion means the overall sentiment cannot be measured from committee remarks or votes in the provided context.

Contention

The main point of contention would likely be whether escalating these offenses to felony and violent felony status is an appropriate response to unlawful flight, especially for lower-level conduct now treated as a misdemeanor. Supporters would likely emphasize officer safety, deterrence, and accountability, while critics may argue that the bill could lead to overly harsh penalties, widen disparities in charging and sentencing, and sweep in conduct that does not always involve actual injury or violence. Because no transcripts or votes are included, these positions are inferred from the bill’s structure rather than documented debate.

Companion Bills

NY S04829

Same As Designates unlawful fleeing a police officer in a motor vehicle in the third degree as a class E felony; designates unlawful fleeing a police officer in a motor vehicle in the second degree as a class D violent felony offense; designates unlawful fleeing a police officer in a motor vehicle in the first degree as a class B violent felony offense.

Previously Filed As

NY S04829

Designates unlawful fleeing a police officer in a motor vehicle in the third degree as a class E felony; designates unlawful fleeing a police officer in a motor vehicle in the second degree as a class D violent felony offense; designates unlawful fleeing a police officer in a motor vehicle in the first degree as a class B violent felony offense.

NY A05241

Includes peace officers in offenses of unlawful fleeing in a motor vehicle.

NY S00224

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

NY A03132

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

NY A02077

Changes the designation of incest in the third degree from a class E to a class B felony, and incest in the second degree from a class D to a class B felony.

NY A02458

Changes the designation of incest in the third degree from a class E to a class B felony, and incest in the second degree from a class D to a class B felony.

NY SF4274

Fleeing a peace officer in a motor vehicle crime modification

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY HB4101

Relating to the offense of fleeing or attempting to elude a police officer; prescribing an effective date.

NY SF191

Crime of fleeing a peace officer in a motor vehicle modification

Similar Bills

No similar bills found.