Bill Text: NY S05048 | 2023-2024 | 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 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05048 Detail]
Download: New_York-2023-S05048-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5048 2023-2024 Regular Sessions IN SENATE February 22, 2023 ___________ Introduced by Sens. LANZA, MATTERA, OBERACKER, PALUMBO, STEC, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08761-01-3