|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 20, 2020||referred to rules|
senate Bill S8823
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8823 (ACTIVE) - Details
S8823 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8823 SPONSOR: LANZA TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to resisting arrest PURPOSE: Relates to resisting arrest SUMMARY OF PROVISIONS: Section 1. Amends section 205.30 of the Penal Law to make resisting arrest a class E felony. Section 2. Amends Section 150.20 of the Criminal Procedure Law to add resisting arrest to the list of E felonies and violations which a police officer may arrest someone for instead of issuing an appearance ticket.
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
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.