Relates to the crime of resisting arrest; provides that a second violation within 5 years shall be a class E felony.
Summary
Bill A04546 seeks to amend the New York Penal Law regarding the crime of resisting arrest. Specifically, it introduces a new classification for 'resisting arrest in the first degree,' which would apply to individuals who have been previously convicted of 'resisting arrest in the second degree' within the last five years. The bill establishes that this first-degree offense will be classified as a class E felony, while the second-degree offense remains a class A misdemeanor.
Impact
If enacted, this bill would modify the legal consequences for individuals who resist arrest, increasing penalties for repeat offenders. This change could potentially lead to a greater number of felony charges for individuals with prior convictions, thereby impacting the state's criminal justice system and possibly increasing incarceration rates for these offenses.
Sentiment
The sentiment surrounding Bill A04546 appears to be mixed, with some lawmakers expressing support for stricter penalties as a means to deter repeat offenses, while others raise concerns about the implications of increasing felony charges and the potential for disproportionate impacts on certain communities.
Contention
Notable points of contention include the debate over whether harsher penalties will effectively deter crime or simply exacerbate issues within the criminal justice system. Critics argue that the bill could lead to over-policing and increased incarceration rates, particularly affecting marginalized communities, while supporters contend that it is necessary to hold repeat offenders accountable.
Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.
Increases criminal penalties for aggravated harassment of an elected official and criminal trespass of an elected official's residence; provides that aggravated harassment of an elected official shall be a class E felony and criminal trespass of an elected official's residence shall be included in criminal trespass in the first degree and shall be a class D felony.
Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.
Relates to criminal contempt for violating certain orders; permits bail or remand; provides that absconding while under electronic monitoring constitutes escape.