A 4546: Relates to the crime of resisting arrest; provides that a second violation within 5 years shall be a class E felony.

  
  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