NY State Senate Bill 2017-S30

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S30 (ACTIVE) - Details

See Assembly Version of this Bill:: A7591
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §205.30, add §205.35, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S3281

2017-S30 (ACTIVE) - Summary

Relates to resisting arrest from a police officer or peace officer.

2017-S30 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S30

 TITLE OF BILL :  An act to amend the penal law, in relation to
resisting arrest of a police officer or peace officer

 PURPOSE :

To create a disincentive for those who resist arrest by creating a new
offense that would penalize a person who, after being convicted of the
offense of resisting arrest in the second degree, within ten years the
conviction resists arrest

 SUMMARY OF PROVISIONS :

Section one of this bill amends Penal Law section 205.30 to change the
offense of resisting arrest to resisting arrest in the second degree.
This offense remains a class A misdemeanor.

Section two amends the Penal Law by adding a new section 205.35, which
establishes the offense of resisting arrest in the first degree. A
person is guilty of resisting arrest in the first degree when he or
she has been convicted of resisting arrest in the second degree and,
within ten years of such conviction, commits the offense of resisting
arrest in the second degree. Resisting arrest in the first degree is a
class E felony.

Section three of this bill provides that this act shall take effect on
the first day of November next succeeding the date on which it shall
have become a law.

 CURRENT LAW :

The offense of resisting arrest is a class A misdemeanor.

 JUSTIFICATION :

Resisting arrest is a class A misdemeanor. As such, a defendant
convicted of resisting offense faces a potential penalty of up to one
year in jail or a fine. Neither of these penalties is sufficient to
cause any person to change his or her behavior and not resist arrest.
Certainly, any person who has been convicted of resisting arrest and
who has received a fine or a sentence of incarceration that is less
than the maximum may not be deterred from resisting arrest in the
future.

When someone resists arrest, he or she creates a public safety
situation because he or she, the arresting officer, or a bystander
could be injured. By creating a new class E felony offense for those
who have been convicted of resisting arrest and, within ten years,
resist arrest, this bill will provide a significant disincentive to
resist arrest. This will lead to fewer people resisting arrest, which,
in turn, protects our police officers and the public.

 LEGISLATIVE HISTORY :

2016: S.3281 - Passed the Senate
2015: S.3281 - Passed the Senate

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

2017-S30 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    30
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04212-01-7

 S. 30                               2
 
   (B) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE,  SENTENCE  OF
 PROBATION,  SENTENCE  OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S30

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2017-S30 (ACTIVE) - Details

2017-S30 (ACTIVE) - Summary

2017-S30 (ACTIVE) - Sponsor Memo

2017-S30 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2017-S30

Senate Bill S30

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2017-S30 (ACTIVE) - Details

2017-S30 (ACTIVE) - Summary

2017-S30 (ACTIVE) - Sponsor Memo

2017-S30 (ACTIVE) - Bill Text download pdf

Comments