S T A T E O F N E W Y O R K
________________________________________________________________________
6231
2021-2022 Regular Sessions
I N S E N A T E
April 16, 2021
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07017-01-1