Assembly Bill A7591

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7591
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to resisting arrest of a
   police officer or peace officer
 
   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:
 § 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, OR HERSELF
 or another person.
   Resisting arrest IN THE SECOND DEGREE is a class A misdemeanor.
   §  2.  The penal law is amended by adding a new section 205.35 to read
 as follows:
 § 205.35 RESISTING ARREST IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF RESISTING ARREST IN  THE  FIRST  DEGREE  WHEN
 SUCH PERSON COMMITS THE OFFENSE OF RESISTING ARREST IN THE SECOND DEGREE
 AFTER  HAVING  BEEN  PREVIOUSLY SUBJECTED TO ONE OR MORE CONVICTIONS FOR
 SUCH OFFENSE WITHIN THE PRECEDING TEN YEARS.
   2. THE PROVISIONS OF SECTION 200.60  OF  THE  CRIMINAL  PROCEDURE  LAW
 SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
   3.  FOR  THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
 HAS BEEN PREVIOUSLY SUBJECTED TO ONE OR MORE CONVICTIONS FOR THE OFFENSE
 OF RESISTING ARREST IN THE SECOND DEGREE WITHIN THE PRECEDING TEN YEARS,
 THE FOLLOWING CRITERIA SHALL APPLY:
   (A) SENTENCE UPON EACH SUCH PRIOR CONVICTION MUST  HAVE  BEEN  IMPOSED
 BEFORE COMMISSION OF THE PRESENT OFFENSE;
   (B)  SUSPENDED  SENTENCE, SUSPENDED EXECUTION OF SENTENCE, SENTENCE OF
 PROBATION, SENTENCE OF PAROLE SUPERVISION, AND SENTENCE  OF  CONDITIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04212-01-7

 A. 7591                             2
 
 DISCHARGE  OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE A
 SENTENCE;
   (C)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (D) OF THIS SUBDIVISION, EACH
 SENTENCE MUST HAVE BEEN IMPOSED NOT  MORE  THAN  TEN  YEARS  BEFORE  THE
 COMMISSION OF THE PRESENT OFFENSE;
   (D)  IN  CALCULATING  THE  TEN YEAR PERIOD UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
 ATED FOR ANY REASON BETWEEN THE  TIME  OF  COMMISSION  OF  THE  PREVIOUS
 OFFENSE OF RESISTING ARREST IN THE SECOND DEGREE FOR WHICH THE DEFENDANT
 WAS CONVICTED AND THE TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE
 EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
 ODS EQUAL TO THE TIME SERVED; AND
   (E) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
 OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS CONVICTION.
   4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
 PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
 WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
   RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.