 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8823
 
                    IN SENATE
 
                                      July 20, 2020
                                       ___________
 
        Introduced  by  Sens.  LANZA,  AKSHAR,  AMEDORE, BORRELLO, BOYLE, FUNKE,
          GALLIVAN, GRIFFO, HELMING,  JORDAN,  LAVALLE,  LITTLE,  O'MARA,  ORTT,
          RANZENHOFER,  RITCHIE,  ROBACH,  SERINO, SEWARD, TEDISCO -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules
 
        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, provided,  however,  that
    17  if  section  1-a of part JJJ of chapter 59 of the laws of 2019 shall not
    18  have taken effect on or before such date then section two  of  this  act
    19  shall  take effect on the same date and in the same manner as such chap-
    20  ter of the laws of 2019, takes effect.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13687-01-9
Relates to resisting arrest

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