STATE OF NEW YORK
________________________________________________________________________
5048
2023-2024 Regular Sessions
IN SENATE
February 22, 2023
___________
Introduced by Sens. LANZA, MATTERA, OBERACKER, PALUMBO, STEC, WEIK --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes
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:
1 Section 1. The closing paragraph of section 205.30 of the penal law,
2 as amended by chapter 843 of the laws of 1980, is amended to read as
3 follows:
4 Resisting arrest is a class [A misdemeanor] E felony.
5 § 2. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
6 procedure law, as amended by section 1-a of part JJJ of chapter 59 of
7 the laws of 2019, is amended to read as follows:
8 (a) Whenever a police officer is authorized pursuant to section 140.10
9 of this title to arrest a person without a warrant for an offense other
10 than a class A, B, C or D felony or a violation of section 130.25,
11 130.40, 205.10, 205.17, 205.19, 205.30 or 215.56 of the penal law, he
12 shall, except as set out in paragraph (b) of this subdivision, subject
13 to the provisions of subdivisions three and four of section 150.40 of
14 this title, instead issue to and serve upon such person an appearance
15 ticket.
16 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08761-01-3
