Bill Text: NY A05707 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the crime of resisting arrest; provides that a second violation within 5 years shall be a class E felony.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05707 Detail]

Download: New_York-2019-A05707-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5707
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced by M. of A. LAWRENCE, KOLB, BRABENEC -- Multi-Sponsored by --
          M. of A.  DiPIETRO -- read once and referred to the Committee on Codes
        AN  ACT  to  amend  the penal law, in relation to the crime of resisting
          arrest
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 205.30 of the penal law, as amended by chapter 843
     2  of the laws of 1980, is amended to read as follows:
     3  § 205.30 Resisting arrest in the second degree.
     4    A person is guilty of resisting arrest in the second degree when he or
     5  she intentionally prevents or attempts to prevent a  police  officer  or
     6  peace officer from effecting an authorized arrest of himself, herself or
     7  another person.
     8    Resisting arrest in the second degree is a class A misdemeanor.
     9    §  2.  The penal law is amended by adding a new section 205.35 to read
    10  as follows:
    11  § 205.35 Resisting arrest in the first degree.
    12    A person is guilty of resisting arrest in the first degree when he  or
    13  she  commits  the  crime  of  resisting  arrest  in the second degree as
    14  defined in section 205.30  of  this  article  and  has  been  previously
    15  convicted  within  the  preceding  five years of resisting arrest in the
    16  second degree as defined in section 205.30 of this article.
    17    Resisting arrest in the first degree is a class E felony.
    18    § 3. This act shall take effect sixty days after it shall have  become
    19  a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09614-01-9