 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7103
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by  Sens.  LANZA, MATTERA, OBERACKER, PALUMBO, STEC, WEIK --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Codes
 
        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 separately amended by section 1 of  subpart  B  of  of
     7  part  VV of chapter 56 of the laws of 2023 and chapter 23 of the laws of
     8  2024, is amended to read as follows:
     9    (a) Whenever a police officer is authorized pursuant to section 140.10
    10  of this title to arrest a person without a warrant for an offense  other
    11  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    12  former section 130.40, section 205.10, 205.17, 205.19, 205.30 or  215.56
    13  of  the  penal law, or other than where an arrest is required to be made
    14  pursuant to subdivision four of section 140.10 of this title, the  offi-
    15  cer  shall,  except  as  set  out  in paragraph (b) of this subdivision,
    16  subject to the provisions of subdivisions  three  and  four  of  section
    17  150.40  of  this  title,  instead issue to and serve upon such person an
    18  appearance ticket.
    19    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11410-01-5
Relates to resisting arrest

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