Bill Text: NY A07163 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 7163 (Prior Session Legislation)

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 2-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A07163 Detail]

Download: New_York-2015-A07163-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7163--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced  by  M. of A. LAWRENCE, KOLB -- read once and referred to the
         Committee on Codes --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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  S 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    S  2.  The penal law is amended by adding a new section 205.35 to read
   10  as follows:
   11  S 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    S 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.
                                                                  LBD09276-03-5