Assembly Bill A4546

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4546
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the penal law, in relation to the crime of resisting
   arrest
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 205.30 of the penal law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:
 § 205.30 Resisting arrest IN THE SECOND DEGREE.
   A person is guilty of resisting arrest IN THE SECOND DEGREE when  [he]
 SUCH PERSON intentionally prevents or attempts to prevent a police offi-
 cer  or  peace  officer from effecting an authorized arrest of [himself]
 THEMSELF or another person.
   Resisting arrest IN THE SECOND DEGREE is a class A misdemeanor.
   § 2. The penal law is amended by adding a new section 205.35  to  read
 as follows:
 § 205.35 RESISTING ARREST IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF RESISTING ARREST IN THE FIRST DEGREE WHEN SUCH
 PERSON COMMITS THE CRIME OF RESISTING ARREST IN  THE  SECOND  DEGREE  AS
 DEFINED  IN  SECTION  205.30  OF  THIS  ARTICLE  AND HAS BEEN PREVIOUSLY
 CONVICTED WITHIN THE PRECEDING FIVE YEARS OF  RESISTING  ARREST  IN  THE
 SECOND DEGREE AS DEFINED IN SECTION 205.30 OF THIS ARTICLE.
   RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
   §  3. This act shall take effect sixty days after it shall have become
 a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07696-01-5