Senate Bill S8823

2019-2020 Legislative Session

Relates to resisting arrest

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

2019-S8823 (ACTIVE) - Details

See Assembly Version of this Bill:
A8590
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §205.30, Pen L; amd §150.20, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6231
2023-2024: S5048

2019-S8823 (ACTIVE) - Summary

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

2019-S8823 (ACTIVE) - Sponsor Memo

2019-S8823 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8823
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by  Sens.  LANZA,  AKSHAR,  AMEDORE, BORRELLO, BOYLE, FUNKE,
   GALLIVAN, GRIFFO, HELMING,  JORDAN,  LAVALLE,  LITTLE,  O'MARA,  ORTT,
   RANZENHOFER,  RITCHIE,  ROBACH,  SERINO, SEWARD, TEDISCO -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 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, provided,  however,  that
 if  section  1-a of part JJJ of chapter 59 of the laws of 2019 shall not
 have taken effect on or before such date then section two  of  this  act
 shall  take effect on the same date and in the same manner as such chap-
 ter of the laws of 2019, takes effect.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13687-01-9

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.