Resolution calling on the New York State Legislature to pass and the Governor to sign legislation to amend the New York State Penal Law to clarify when a person may be charged with resisting arrest.

Res. No. 1528

Resolution calling on the New York State Legislature to pass and the Governor to sign legislation to amend the New York State Penal Law to clarify when a person may be charged with resisting arrest.

By Council Member Gentile

                     Whereas, Pursuant to the New York State Penal Law Section 205.30, a person is guilty of resisting arrest when he or she intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person; and

                     Whereas, Penal Law Section 205.30, or “resisting arrest,” is a class A misdemeanor, punishable by up to one year in jail or a fine of up to $1,000; and

                     Whereas, Police officers may use the charge of resisting arrest to deter individuals from escalating encounters with the police, and to protect themselves and the public; and

Whereas, While using the resisting arrest charge can be a tool for police officers responding to volatile interactions with the public, criminal justice experts, such as Geoffrey Alpert, suggest it is often used by police officers in an attempt to justify use of force or an unlawful arrest; and

                      Whereas, In 2014, WNYC Data News conducted an analysis of New York City Police Department (“NYPD”) records and found that a small percentage of the police force is responsible for most of the resisting arrest charges that are filed; and

Whereas, According to WYNC Data News, just 5% of the NYPD’s officers accounted for 40% of the 51,503 resisting arrest charges that occurred from 2009-2012; and 

                     Whereas, WYNC Data News also found racially disproportionate enforcement of the law, where black defendants are significantly more likely than white defendants to be additionally charged with resisting arrest in cases involving the most commonly charged crimes; and

                     Whereas, According to the WNYC Data News, a black person arrested for drug possession is 85% more likely to be charged with resisting arrest than a white person; and

                     Whereas, Legal service providers such as The Legal Aid Society have suggested that the disproportionate issuance of resisting arrest charges in minority communities is not necessarily a reflection of those who are being arrested, but could instead be a sign of more aggressive policing in those communities; and

Whereas, While police officers can charge a person with resisting arrest in conjunction with another charge, under the current language in the Penal Law, persons can also be charged with resisting arrest without being charged for the underlying crime from which the effectuation of the arrest need have stemmed; and

Whereas, The current language of New York State Penal Law Section 205.30 does not provide explicit guidelines as to what actions constitute resisting arrest; and

Whereas, Therefore, police officers have a wide-range of discretion as to how to interpret and enforce the law, making it difficult for the public to know which behaviors may be penalized and which may not; and

Whereas, In New York City, according to an analysis conducted by WNYC, more than half of resisting arrest charges are routinely dismissed in court, which calls into question the validity of such charges; and

Whereas, Providing officers and residents of New York City further guidelines regarding  what constitutes resisting arrest, and ending the practice of charging people with resisting arrest who have not been charged with an underlying crime, will yield transparency and strengthen community relationships with law enforcement; now, therefore, be it

                     Resolved, That the Council of the City of New York calls on the New York State Legislature to pass and the Governor to sign legislation to amend the New York State Penal Law to clarify when a person may be charged with resisting arrest.

LS#8857

CMA