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S3281Senate2015-2016 Session

In relation to resisting arrest of a police officer or peace officer

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 44–10
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.481
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 50–11
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.1300
  4. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3281

Title of bill

An act to amend the penal law, in relation to resisting arrest of a police officer or peace officer

Purpose

To create a disincentive for those who resist arrest by creating a new offense that would penalize a person who, after being convicted of the offense of resisting arrest in the second degree, within ten years the conviction resists arrest

Summary of provisions

Section one of this bill amends Penal Law section 205.30 to change the offense of resisting arrest to resisting arrest in the second degree. This offense remains a class A misdemeanor.

Section two amends the Penal Law by adding a new section 205.35, which establishes the offense of resisting arrest in the first degree. A person is guilty of resisting arrest in the first degree when he or she has been convicted of resisting arrest in the second degree and, within ten years of such conviction, commits the offense of resisting arrest in the second degree. Resisting arrest in the first degree is a class E felony.

Section three of this bill provides that this act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

Justification

Resisting arrest is a class A misdemeanor. The maximum potential penalties for a conviction are imprisonment of up to one year or a fine. Neither of these penalties is sufficient to cause any person to change his or her behavior and not resist arrest. Certainly, any person who has been convicted of resisting arrest and who has received a fine or a sentence of incarceration that is less than the maximum may not be deterred from resisting arrest in the future.

When someone resists arrest, he or she creates a public safety situation because he or she, the arresting officer, or a bystander could be injured. By creating a new class E felony offense for those who have been convicted of resisting arrest and, within ten years, resist arrest, this bill will provide a significant disincentive to resist arrest. This will lead to fewer people resisting arrest, which, in turn, protects our police officers and the public.

Legislative history

New bill

Fiscal implications

None

Effective date

This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.