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Senate Bill S5048

2023-2024 Legislative Session

Relates to resisting arrest

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S5048 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §205.30, Pen L; amd §150.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8823
2021-2022: S6231
2025-2026: S7103

2023-S5048 (ACTIVE) - Summary

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

2023-S5048 (ACTIVE) - Sponsor Memo

2023-S5048 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5048
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sens.  LANZA, MATTERA, OBERACKER, PALUMBO, STEC, WEIK --
   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.
                                                            LBD08761-01-3

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