STATE OF NEW YORK ________________________________________________________________________ 9925 IN SENATE October 9, 2024 ___________ Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the vehicle and traffic law, in relation to establishing the offense of aggravated obstructing emer- gency medical services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 195.16-a 2 to read as follows: 3 § 195.16-a Aggravated obstructing emergency medical services. 4 A person is guilty of aggravated obstructing emergency medical 5 services when such person intentionally and unreasonably obstructs the 6 efforts of any services, technician, personnel, system or unit specified 7 in section three thousand one of the public health law in the perform- 8 ance of their duties and either: 9 1. engages in conduct that obstructs vehicular traffic pursuant to 10 subdivision five of section 240.20 of this part; or 11 2. engages in conduct that poses a risk of serious physical injury to 12 others. 13 Aggravated obstructing emergency medical services is a class E felony. 14 § 2. The section heading, subdivision 2, subparagraph (ii) of para- 15 graph (a) of subdivision 5, and subdivisions 6 and 8 of section 511-c of 16 the vehicle and traffic law, as added by chapter 607 of the laws of 17 1993, are amended to read as follows: 18 Seizure and forfeiture of vehicles used in the unlicensed operation of 19 a motor vehicle and aggravated obstructing emergency medical services 20 under certain circumstances. 21 2. Any motor vehicle which has been or is being used in violation of 22 paragraph (a) of subdivision three of section five hundred eleven of 23 this article, or section 195.16-a of the penal law may be seized by any 24 peace officer, acting pursuant to [his or her] their special duties, or 25 police officer, and forfeited as hereinafter provided in this section. 26 (ii) The person seeking to claim the motor vehicle has furnished 27 satisfactory evidence of registration and financial security and, if the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16266-02-4
S. 9925 2 1 person was the operator of the vehicle at the time of the violation of 2 paragraph (a) of subdivision three of section five hundred eleven of 3 this article, or section 195.16-a of the penal law, satisfactory 4 evidence of payment of any fines or penalties imposed in connection 5 therewith; and 6 6. Where a demand for the return of a motor vehicle is not made within 7 ninety days after the termination of the criminal proceeding founded 8 upon the charge of aggravated unlicensed operation of a motor vehicle in 9 the first degree, or aggravated obstructing emergency services under 10 section 195.16-a of the penal law, such motor vehicle shall be deemed to 11 be abandoned. Such vehicle shall be disposed of by the county, cities of 12 New York, Yonkers, Rochester or Buffalo or the state, as applicable, in 13 accordance with section twelve hundred twenty-four of this chapter or as 14 otherwise provided by law. 15 8. Any owner who receives notice of the institution of a forfeiture 16 action who claims an interest in the motor vehicle subject to forfeiture 17 shall assert a claim for the recovery of the motor vehicle or satisfac- 18 tion of the owner's interest in such motor vehicle by intervening in the 19 forfeiture action in accordance with subdivision (a) of section one 20 thousand twelve of the civil practice law and rules. Any person with a 21 security interest in such vehicle who receives notice of the institution 22 of the forfeiture action shall assert a claim for the satisfaction of 23 such person's security interest in such vehicle by intervening in the 24 forfeiture action in accordance with subdivision (a) of section one 25 thousand twelve of the civil practice law and rules. If the action 26 relates to a vehicle in which a person holding a security interest has 27 intervened pursuant to this subdivision, the burden shall be upon the 28 designated official to prove by clear and convincing evidence that such 29 intervenor knew that such vehicle was or would be used for the commis- 30 sion of a violation of subparagraph (ii) of paragraph (a) of subdivision 31 three of section five hundred eleven of [the vehicle and traffic law] 32 this chapter or aggravated obstructing emergency services under section 33 195.16-a of the penal law, and either (a) knowingly and unlawfully bene- 34 fitted from such conduct or (b) voluntarily agreed to the use of the 35 vehicle for the commission of such violation by consent freely given. 36 For purposes of this subdivision, such intervenor knowingly and unlaw- 37 fully benefited from the commission of such violation when [he or she] 38 they derived in exchange for permitting the use of such vehicle by a 39 person or persons committing such specified violation a substantial 40 benefit that would otherwise not have accrued as a result of the lawful 41 use of such vehicle. "Benefit" means benefit as defined in subdivision 42 seventeen of section 10.00 of the penal law. 43 § 3. This act shall take effect on the thirtieth day after it shall 44 have become a law.