Assembly Bill A2152

2009-2010 Legislative Session

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

download bill text pdf

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2009-A2152 (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:
2011-2012: A3762
2013-2014: A1013
2015-2016: A2899

2009-A2152 (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.

2009-A2152 (ACTIVE) - Bill Text download pdf 

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

                                  2152

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, EDDINGTON, SWEENEY, ORTIZ -- Multi-
  Sponsored by -- M. of A. CANESTRARI, COLTON, CYMBROWITZ, GALEF,  JOHN,
  KOON,  MAYERSOHN, SEMINERIO -- 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.
                                                           LBD05482-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.