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