Bill Text: NY S08823 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to resisting arrest; reclassifies resisting arrest as a class E felony not eligible for release on an appearance ticket.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced - Dead) 2020-07-20 - REFERRED TO RULES [S08823 Detail]
Download: New_York-2019-S08823-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8823 IN SENATE July 20, 2020 ___________ Introduced by Sens. LANZA, AKSHAR, AMEDORE, BORRELLO, BOYLE, FUNKE, GALLIVAN, GRIFFO, HELMING, JORDAN, LAVALLE, LITTLE, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO -- 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 criminal procedure law, in relation to resisting arrest The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The closing paragraph of section 205.30 of the penal law, 2 as amended by chapter 843 of the laws of 1980, is amended to read as 3 follows: 4 Resisting arrest is a class [A misdemeanor] E felony. 5 § 2. Paragraph (a) of subdivision 1 of section 150.20 of the criminal 6 procedure law, as amended by section 1-a of part JJJ of chapter 59 of 7 the laws of 2019, is amended to read as follows: 8 (a) Whenever a police officer is authorized pursuant to section 140.10 9 of this title to arrest a person without a warrant for an offense other 10 than a class A, B, C or D felony or a violation of section 130.25, 11 130.40, 205.10, 205.17, 205.19, 205.30 or 215.56 of the penal law, he 12 shall, except as set out in paragraph (b) of this subdivision, subject 13 to the provisions of subdivisions three and four of section 150.40 of 14 this title, instead issue to and serve upon such person an appearance 15 ticket. 16 § 3. This act shall take effect immediately, provided, however, that 17 if section 1-a of part JJJ of chapter 59 of the laws of 2019 shall not 18 have taken effect on or before such date then section two of this act 19 shall take effect on the same date and in the same manner as such chap- 20 ter of the laws of 2019, takes effect. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13687-01-9