Assembly Bill A1013

2013-2014 Legislative Session

Establishes the class E felony of resisting arrest in the first degree

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1013 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §205.30, add §205.35, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2152
2011-2012: A3762
2015-2016: A2899

2013-A1013 (ACTIVE) - Summary

Establishes the class E felony of resisting arrest in the first degree when the crime of resisting arrest in the second degree, existing crime of resisting arrest, is committed by using physical force against a police officer or peace officer making or aiding in an authorized arrest.

2013-A1013 (ACTIVE) - Bill Text download pdf 

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

                                  1013

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SWEENEY, ORTIZ -- Multi-Sponsored by
  --  M.  of  A. BRENNAN, CAHILL, CLARK, COLTON, COOK, DINOWITZ, HOOPER,
  JACOBS, MILLMAN, PERRY, RIVERA, WEISENBERG -- read once  and  referred
  to the Committee on Codes

AN ACT to amend the penal 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. Section 205.30 of the penal law, as amended by chapter  843
of the laws of 1980, is amended to read as follows:
S 205.30  Resisting arrest IN THE SECOND DEGREE.
  A person is guilty of resisting arrest IN THE SECOND DEGREE when he OR
SHE  intentionally  prevents  or attempts to prevent a police officer or
peace officer from effecting an authorized arrest of himself, HERSELF or
another person.
  Resisting arrest IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 205.35  to  read
as follows:
S 205.35 RESISTING ARREST IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF RESISTING ARREST IN THE FIRST DEGREE WHEN HE OR
SHE COMMITS THE CRIME OF RESISTING ARREST IN THE SECOND DEGREE BY  USING
PHYSICAL  FORCE  AGAINST  A  POLICE  OFFICER  OR PEACE OFFICER MAKING OR
AIDING IN AN AUTHORIZED ARREST.
  RESISTING ARREST IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05725-01-3

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