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Assembly Bill A7163A

2015-2016 Legislative Session

Relates to the crime of resisting arrest

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A7163 - 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:
2017-2018: A4525
2019-2020: A5707
2021-2022: A4324
2023-2024: A3584
2025-2026: A4546

2015-A7163 - Summary

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

2015-A7163 - Bill Text download pdf 

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

                                  7163

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
  tee 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:

  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 AS
DEFINED IN SECTION 205.30  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  WITHIN  THE  PRECEDING  TEN  YEARS OF RESISTING ARREST IN THE
SECOND DEGREE AS DEFINED IN SECTION 205.30 OF THIS ARTICLE.
  RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect sixty days after it shall have  become
a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09276-02-5

co-Sponsors

2015-A7163A (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:
2017-2018: A4525
2019-2020: A5707
2021-2022: A4324
2023-2024: A3584
2025-2026: A4546

2015-A7163A (ACTIVE) - Summary

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

2015-A7163A (ACTIVE) - Bill Text download pdf 

                            
                    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:

  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 AS
DEFINED IN SECTION 205.30  OF  THIS  ARTICLE  AND  HAS  BEEN  PREVIOUSLY
CONVICTED  WITHIN  THE  PRECEDING  FIVE YEARS OF RESISTING ARREST IN THE
SECOND DEGREE AS DEFINED IN SECTION 205.30 OF THIS ARTICLE.
  RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect sixty days after it shall have  become
a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09276-03-5

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