New York S 108: Establishes the crime of failure to retreat

Bill Text

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S00108 Summary:

BILL NOS00108 

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SAME ASSAME AS A04326

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SPONSORGALLIVAN

&nbsp

COSPNSRBORRELLO, GRIFFO, HELMING, LANZA, MATTERA, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC, TEDISCO,
 WEIK

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MLTSPNSR

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Add §205.40, Pen L; amd §§510.10, 530.20 & 530.40, CP L

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Establishes the crime of failure to retreat when a person who is within twenty-five feet of a police officer or peace officer engaged in the performance of their duties and the police officer or peace officer orders such person to halt or retreat and the person fails to do so immediately; requires the posting of bail.

Go to top S00108 Actions:

BILL NOS00108 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00108 Committee&nbspVotes:

Go to topS00108 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00108 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 108

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
 OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC, TEDISCO, 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 establishing the crime of failure to retreat

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 205.40 to
 2 read as follows:
 3 § 205.40 Failure to retreat.
 4 A person is guilty of failure to retreat when such person is within
 5 twenty-five feet of a police officer or peace officer engaged in the
 6 performance of their duties and such police officer or peace officer
 7 orders such person to halt or retreat and the person fails to do so
 8 immediately.
 9 An individual shall not be guilty of this offense if such individual
 10 (a) suffers from a physical disability or physical injury and halting or
 11 retreating would exacerbate such disability or injury, or (b) a physical
 12 barrier makes it physically impossible for the individual to halt or
 13 retreat.
 14 Under this section, police officer and peace officer are as defined
 15 under section 1.20 of the criminal procedure law.
 16 Failure to retreat is a class D felony.
 17 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 18 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 19 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 20 2022, are amended and a new paragraph (v) is added to read as follows:
 21 (t) any felony or class A misdemeanor involving harm to an identifi-
 22 able person or property, or any charge of criminal possession of a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00748-01-5

 S. 108 2

 1 firearm as defined in section 265.01-b of the penal law, where such
 2 charge arose from conduct occurring while the defendant was released on
 3 [his or her] their own recognizance, released under conditions, or had
 4 yet to be arraigned after the issuance of a desk appearance ticket for a
 5 separate felony or class A misdemeanor involving harm to an identifiable
 6 person or property, or any charge of criminal possession of a firearm as
 7 defined in section 265.01-b of the penal law, provided, however, that
 8 the prosecutor must show reasonable cause to believe that the defendant
 9 committed the instant crime and any underlying crime. For the purposes
 10 of this subparagraph, any of the underlying crimes need not be a quali-
 11 fying offense as defined in this subdivision. For the purposes of this
 12 paragraph, "harm to an identifiable person or property" shall include
 13 but not be limited to theft of or damage to property. However, based
 14 upon a review of the facts alleged in the accusatory instrument, if the
 15 court determines that such theft is negligible and does not appear to be
 16 in furtherance of other criminal activity, the principal shall be
 17 released on [his or her] their own recognizance or under appropriate
 18 non-monetary conditions; [or]
 19 (u) criminal p