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Assembly Bill A2152

2009-2010 Legislative Session

Establishes the class E felony of resisting arrest in the first degree

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Archive: Last Bill Status - In Assembly Committee

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2009-A2152 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §205.30, add §205.35, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3762
2013-2014: A1013
2015-2016: A2899

2009-A2152 (ACTIVE) - Summary

Establishes the class E felony of resisting arrest in the first degree when the crime of resisting arrest in the second degree, existing crime of resisting arrest, is committed by using physical force against a police officer or peace officer making or aiding in an authorized arrest.

2009-A2152 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2152

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, EDDINGTON, SWEENEY, ORTIZ -- Multi-
  Sponsored by -- M. of A. CANESTRARI, COLTON, CYMBROWITZ, GALEF,  JOHN,
  KOON,  MAYERSOHN, SEMINERIO -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to resisting arrest

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 205.30 of the penal law, as amended by chapter 843
of the laws of 1980, is amended to read as follows:
S 205.30  Resisting arrest IN THE SECOND DEGREE.
  A person is guilty of resisting arrest IN THE SECOND DEGREE when he OR
SHE intentionally prevents or attempts to prevent a  police  officer  or
peace officer from effecting an authorized arrest of himself, HERSELF or
another person.
  Resisting arrest IN THE SECOND DEGREE is a class A misdemeanor.
  S  2.  The penal law is amended by adding a new section 205.35 to read
as follows:
S 205.35 RESISTING ARREST IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF RESISTING ARREST IN THE FIRST DEGREE WHEN HE  OR
SHE  COMMITS THE CRIME OF RESISTING ARREST IN THE SECOND DEGREE BY USING
PHYSICAL FORCE AGAINST A POLICE  OFFICER  OR  PEACE  OFFICER  MAKING  OR
AIDING IN AN AUTHORIZED ARREST.
  RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05482-01-9

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