Establishes the crime of aggravated resisting arrest as where a person intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of such person or another person through the use of physical force, where such authorized arrest is for a crime which is a felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5237
SPONSOR: Reilly TITLE OF BILL:
An act to amend the penal law, in relation to aggravated resisting
arrest
PURPOSE:
To add aggravated resisting arrest to the penal code as a class D felo-
ny.
SUMMARY OF PROVISIONS:
Section 1. Defines aggravated resisting arrest and establishes it as a
class, D felony Section 2. Establishes the effective date
JUSTIFICATION:
This bill was proposed as a result of the growing crime rate and would
add the additional charge of aggravated resisting arrest, punishable as
a class D felony, when the subject is already being arrested for a crime
classified as a felony."
PRIOR LEGISLATIVE HISTORY:
Reintroduction.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5237
2021-2022 Regular Sessions
IN ASSEMBLY
February 12, 2021
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to aggravated resisting
arrest
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 205.35 to
2 read as follows:
3 § 205.35 Aggravated resisting arrest.
4 A person is guilty of aggravated resisting arrest when such person
5 intentionally prevents or attempts to prevent a police officer or peace
6 officer from effecting an authorized arrest of such person or another
7 person through the use of physical force, where such authorized arrest
8 is for a crime which is a felony.
9 Aggravated resisting arrest is a class D felony.
10 § 2. This act shall take effect on the thirtieth day after it shall
11 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08904-01-1
