Establishes the crime of aggravated resisting arrest

BILL NUMBER:S4260

Title of bill

An act to amend the penal law, in relation to establishing the crime of aggravated resisting arrest

Summary of provisions

Section 1 of the bill amends the penal law by adding a section 205.35 creating a new provision entitled "aggravated resisting arrest", a class E felony, for those persons who commit the crime of resisting arrest pursuant to section 205.30 and has been previously convicted of such crimes two prior times within a ten year period.

Section 2 provides for this act to take effect on the first of November next succeeding the date on which is shall have become law.

Justification

Under the current penal law, the crime of resisting arrest is categorized as a Class A Misdemeanor. This is an appropriate classification because there are many situations, including non-violent demonstrations that could lead to an individual being charged with resisting arrest. These same individuals may be exercising what they believe is their right to peacefully assemble or to express their freedom of speech. So it is appropriate that such a crime is deemed a Class A Misdemeanor.

However, when an individual is convicted of resisting arrest more than two times within a ten year period it signals that this individual should be subject to potentially stiffer penalties due to what may be a significant disregard of the law. Prosecutors and courts should be given the discretion to consider a charge of aggravated resisting arrest resulting in more serious penalties where the facts of a case meet these standards.

Prior legislative history

New Bill

Fiscal implications for state and local governments

None.

Effective date

The act shall take effect on the first of November next succeeding the date on which is shall have become law.