Establishes the crime of aggravated resisting arrest as where a person intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of such person or another person through the use of physical force, where such authorized arrest is for a crime which is a felony.
Summary
Bill A04209 proposes to amend the New York Penal Law by introducing a new section that defines the crime of aggravated resisting arrest. This crime is characterized by a person's intentional use of physical force to prevent a police officer or peace officer from making an authorized arrest for a felony. The bill classifies aggravated resisting arrest as a class D felony, thereby increasing the legal consequences for individuals who engage in such behavior during felony arrests.
Impact
The introduction of this bill will modify existing penal statutes by establishing a new category of crime specifically addressing aggravated resisting arrest. This change aims to enhance law enforcement's ability to manage situations where individuals resist arrest for serious offenses, potentially leading to more severe penalties for those convicted under this new provision. It may also influence police procedures and training regarding arrest protocols and interactions with suspects.
Sentiment
The sentiment surrounding Bill A04209 appears to be mixed, as indicated by the voting results from the Assembly Codes Committee, where 13 members voted in favor and 5 against. This suggests some support for the bill's intent to strengthen law enforcement's authority, while also indicating concerns among some legislators about the implications of increasing penalties for resisting arrest.
Contention
Notable points of contention include concerns about the potential for misuse of the law and the implications it may have on community-police relations. Critics may argue that the bill could lead to excessive force being used by law enforcement or disproportionately affect marginalized communities. Supporters, however, emphasize the need for clear legal consequences for those who resist arrest, particularly in felony cases, to uphold law and order.
Establishes the crime of aggravated resisting arrest as where a person intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of such person or another person through the use of physical force, where such authorized arrest is for a crime which is a felony.
A bill for an act relating to criminal investigation, including the extension of DNA submission requirements to persons arrested for a felony or aggravated misdemeanor. (Formerly HSB 571.)
Establishes a new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.
Establishes a new assault crime for an assault on a retired police officer who previously arrested the assailant; establishes that assaulting such a retired police officer with intent to seek retribution is assault in the first degree.