S T A T E   O F   N E W   Y O R K
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                                  3281

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  resisting  arrest  of  a
  police officer or peace officer

  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, OR 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.
  1.  A  PERSON  IS  GUILTY OF RESISTING ARREST IN THE FIRST DEGREE WHEN
SUCH PERSON COMMITS THE OFFENSE OF RESISTING ARREST IN THE SECOND DEGREE
AFTER HAVING BEEN PREVIOUSLY SUBJECTED TO ONE OR  MORE  CONVICTIONS  FOR
SUCH OFFENSE WITHIN THE PRECEDING TEN YEARS.
  2.  THE  PROVISIONS  OF  SECTION  200.60 OF THE CRIMINAL PROCEDURE LAW
SHALL APPLY TO ANY PROSECUTION UNDER THIS SECTION.
  3. FOR THE PURPOSES OF THIS SECTION, IN DETERMINING WHETHER  A  PERSON
HAS BEEN PREVIOUSLY SUBJECTED TO ONE OR MORE CONVICTIONS FOR THE OFFENSE
OF RESISTING ARREST IN THE SECOND DEGREE WITHIN THE PRECEDING TEN YEARS,
THE FOLLOWING CRITERIA SHALL APPLY:
  (A)  SENTENCE  UPON  EACH SUCH PRIOR CONVICTION MUST HAVE BEEN IMPOSED
BEFORE COMMISSION OF THE PRESENT OFFENSE;
  (B) SUSPENDED SENTENCE, SUSPENDED EXECUTION OF SENTENCE,  SENTENCE  OF
PROBATION,  SENTENCE  OF PAROLE SUPERVISION, AND SENTENCE OF CONDITIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08740-01-5
              

S. 3281                             2

DISCHARGE OR  OF  UNCONDITIONAL  DISCHARGE  SHALL  BE  DEEMED  TO  BE  A
SENTENCE;
  (C)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (D) OF THIS SUBDIVISION, EACH
SENTENCE MUST HAVE BEEN IMPOSED NOT  MORE  THAN  TEN  YEARS  BEFORE  THE
COMMISSION OF THE PRESENT OFFENSE;
  (D)  IN  CALCULATING  THE  TEN YEAR PERIOD UNDER PARAGRAPH (C) OF THIS
SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE DEFENDANT WAS INCARCER-
ATED FOR ANY REASON BETWEEN THE  TIME  OF  COMMISSION  OF  THE  PREVIOUS
OFFENSE OF RESISTING ARREST IN THE SECOND DEGREE FOR WHICH THE DEFENDANT
WAS CONVICTED AND THE TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE
EXCLUDED AND SUCH TEN YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERI-
ODS EQUAL TO THE TIME SERVED; AND
  (E) AN OFFENSE FOR WHICH THE DEFENDANT HAS BEEN PARDONED ON THE GROUND
OF INNOCENCE SHALL NOT BE DEEMED A PREVIOUS CONVICTION.
  4.  NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE A
PROSECUTION OR CONVICTION FOR ANY OTHER OFFENSE, A NECESSARY ELEMENT  OF
WHICH IS A PREVIOUS CONVICTION FOR AN OFFENSE.
  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.