 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4546
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. JENSEN -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the penal law, in relation to the crime of resisting
          arrest
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 205.30 of the penal law, as amended by chapter 843
     2  of the laws of 1980, is amended to read as follows:
     3  § 205.30 Resisting arrest in the second degree.
     4    A person is guilty of resisting arrest in the second degree when  [he]
     5  such person intentionally prevents or attempts to prevent a police offi-
     6  cer  or  peace  officer from effecting an authorized arrest of [himself]
     7  themself or another person.
     8    Resisting arrest in the second degree is a class A misdemeanor.
     9    § 2. The penal law is amended by adding a new section 205.35  to  read
    10  as follows:
    11  § 205.35 Resisting arrest in the first degree.
    12    A  person  is guilty of resisting arrest in the first degree when such
    13  person commits the crime of resisting arrest in  the  second  degree  as
    14  defined  in  section  205.30  of  this  article  and has been previously
    15  convicted within the preceding five years of  resisting  arrest  in  the
    16  second degree as defined in section 205.30 of this article.
    17    Resisting arrest in the first degree is a class E felony.
    18    §  3. This act shall take effect sixty days after it shall have become
    19  a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07696-01-5
Relates to the crime of resisting arrest

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