Assembly Bill A8590

2019-2020 Legislative Session

Relates to resisting arrest

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2019-A8590 (ACTIVE) - Details

See Senate Version of this Bill:
S8823
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §205.30, Pen L; amd §150.20, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6231
2023-2024: S5048

2019-A8590 (ACTIVE) - Summary

Relates to resisting arrest; reclassifies resisting arrest as a class E felony not eligible for release on an appearance ticket.

2019-A8590 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8590
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  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. The closing paragraph of section 205.30 of the  penal  law,
 as  amended  by  chapter  843 of the laws of 1980, is amended to read as
 follows:
   Resisting arrest is a class [A misdemeanor] E FELONY.
   § 2. Paragraph (a) of subdivision 1 of section 150.20 of the  criminal
 procedure  law,  as  amended by section 1-a of part JJJ of chapter 59 of
 the laws of 2019, is amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of this title to arrest a person without a warrant for an offense  other
 than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19, 205.30 or 215.56 of the  penal  law,  he
 shall,  except  as set out in paragraph (b) of this subdivision, subject
 to the provisions of subdivisions three and four of  section  150.40  of
 this  title,  instead  issue to and serve upon such person an appearance
 ticket.
   § 3. This act shall take effect immediately, provided,  however,  that
 if  section  1-a of part JJJ of chapter 59 of the laws of 2019 shall not
 have taken effect on or before such date then section two  of  this  act
 shall  take effect on the same date and in the same manner as such chap-
 ter of the laws of 2019, takes effect.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13687-01-9

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