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S1876Senate2017-2018 Session

Increase Penalties for Repeat Resisting

Official title

“Establishes the crime of aggravated resisting arrest”

Sponsor Tony AvellaSD-11Affects Legal
Status
In Senate Committee
Rules
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill creates the crime of aggravated resisting arrest for individuals with two prior resisting arrest convictions in ten years, making it a class E felony.

Why it matters

  1. Escalates consequences for repeat offenders. By creating a felony charge for those with two prior resisting arrest convictions within ten years, the bill significantly increases potential penalties, including longer prison terms and lasting criminal records.

  2. May deter repeat resistance. The heightened stakes for a third offense could make individuals think twice about resisting arrest if they have previous convictions, potentially improving compliance during arrests.

  3. Impacts prosecutorial and judicial discretion. Charging someone with a felony instead of a misdemeanor can affect plea negotiations, bail decisions, and sentencing, leading to more severe outcomes for repeat offenders.

  4. Raises questions about criminal justice equity. The bill could disproportionately affect certain communities and individuals already involved in repeated police encounters, intensifying debates over fairness, policing practices, and recidivism.

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Who cares

Headline styles

Increase Penalties for Repeat Resisting

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.705
  5. Referred to codes
  6. Returned to senate
  7. Died in assembly
  8. Referred to codes
  9. Delivered to assembly
  10. Passed senateVote 47–16
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.1308
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1876

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crime of aggravated resisting arrest

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The penal law is amended by adding a new section 205.35 to read as follows: § 205.35 Aggravated resisting arrest.

A person is guilty of aggravated resisting arrest when he or she commits the crime of resisting arrest pursuant to section 205.30 and has previously been convicted of such crime two prior times within a ten year period.

Aggravated resisting arrest is a class E felony.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01008-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

2015-16: S.4260/A.6141 (Simanowitz)

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.

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