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Assembly Bill A5707

2019-2020 Legislative Session

Relates to the crime of resisting arrest

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Archive: Last Bill Status - In Assembly Committee

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2019-A5707 (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:
2015-2016: A7163
2017-2018: A4525
2021-2022: A4324
2023-2024: A3584
2025-2026: A4546

2019-A5707 (ACTIVE) - Summary

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

2019-A5707 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5707
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. LAWRENCE, KOLB, BRABENEC -- Multi-Sponsored by --
   M. of A.  DiPIETRO -- read once and referred to the Committee 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:
 § 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.
   §  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.
   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.
   § 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.
                                                            LBD09614-01-9

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