senate Bill S8823

2019-2020 Legislative Session

Relates to resisting arrest

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2020 referred to rules

Co-Sponsors

view additional co-sponsors

S8823 (ACTIVE) - Details

See Assembly Version of this Bill:
A8590
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §205.30, Pen L; amd §150.20, CP L

S8823 (ACTIVE) - Summary

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

S8823 (ACTIVE) - Sponsor Memo

S8823 (ACTIVE) - Bill Text download pdf


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

                                  8823

                            I N  S E N A T E

                              July 20, 2020
                               ___________

Introduced  by  Sens.  LANZA,  AKSHAR,  AMEDORE, BORRELLO, BOYLE, FUNKE,
  GALLIVAN, GRIFFO, HELMING,  JORDAN,  LAVALLE,  LITTLE,  O'MARA,  ORTT,
  RANZENHOFER,  RITCHIE,  ROBACH,  SERINO, SEWARD, TEDISCO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.