A02152 Summary:

BILL NO    A02152 

SAME AS    No same as

SPONSOR    Englebright (MS)

COSPNSR    Sweeney, Ortiz

MLTSPNSR   Canestrari, Colton, Cymbrowitz, Galef, John, Koon, Mayersohn

Amd S205.30, add S205.35, Pen L

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.

A02152 Actions:

BILL NO    A02152 

01/15/2009 referred to codes
01/06/2010 referred to codes

A02152 Votes:

A02152 Memo:

 BILL NUMBER : A2152

 TITLE OF BILL :  An act to amend the penal law, in relation to
resisting arrest

 PURPOSE OR GENERAL IDEA OF BILL:
The bill would differentiate between varying methods of resisting
arrest and more proportionately charge the use of physical force as a
higher offense than less active forms of resistance.

 SUMMARY OF SPECIFIC PROVISIONS:
Raises the charge from a Class A misdemeanor to a first degree Class E
felony by adding Section 205.31 of the Penal Law when physical force
is used to resist arrest.

 JUSTIFICATION:
Current law groups all forms of resisting authorized arrests as Class
A misdemeanors.  This amendment attempts to make the charge more
commensurate with the offense by specifically citing the nature of the
resistance, i.e., passively refusing versus the use of physical force
against the arresting officer.

 LEGISLATIVE HISTORY:
S.919-A/A.1278-A of 1993-94; passed Senate both years.
S.1243/A.2145 of 1991-92 passed Senate both times. First introduced as
S.6101 in 1989; passed the Senate in 1989 and '90. 01/03/96 referred
to Codes
03/04/97 referred to Codes (A.5739)
01/07/98 referred to Codes
01/09/02 referred to Codes (A.2667)
02/05/03 referred to codes (A.3310)
01/07/04 referred to codes
2005-06 A.2249 referred to codes 2007-08 A.1380 referred to codes

 FISCAL IMPLICATIONS:
None.

 EFFECTIVE DATE:
The first of November after it becomes law.