Senate Bill S77

2023-2024 Legislative Session

Establishes the crime of failure to retreat

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S77 (ACTIVE) - Details

See Assembly Version of this Bill:
A4211
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §205.40, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8821
2021-2022: S3464, A9924

2023-S77 (ACTIVE) - Summary

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 his or her 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.

2023-S77 (ACTIVE) - Sponsor Memo

2023-S77 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    77
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, BORRELLO, GRIFFO, HELMING, LANZA, MATTERA,
   OBERACKER,  O'MARA,  ORTT,  PALUMBO, 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:
 
   Section 1. The penal law is amended by adding a new section 205.40  to
 read as follows:
 § 205.40 FAILURE TO RETREAT.
   A  PERSON  IS  GUILTY  OF  FAILURE TO RETREAT WHEN HE OR SHE IS WITHIN
 TWENTY-FIVE FEET OF A POLICE OFFICER OR PEACE  OFFICER  ENGAGED  IN  THE
 PERFORMANCE OF HIS OR HER DUTIES AND THE POLICE OFFICER OR PEACE OFFICER
 ORDERS  SUCH  PERSON  TO  HALT  OR RETREAT AND THE PERSON FAILS TO DO SO
 IMMEDIATELY.
   AN INDIVIDUAL SHALL NOT BE GUILTY OF THIS OFFENSE IF  SUCH  INDIVIDUAL
 (A) SUFFERS FROM A PHYSICAL DISABILITY OR PHYSICAL INJURY AND HALTING OR
 RETREATING WOULD EXACERBATE SUCH DISABILITY OR INJURY, OR (B) A PHYSICAL
 BARRIER  MAKES  IT  PHYSICALLY  IMPOSSIBLE FOR THE INDIVIDUAL TO HALT OR
 RETREAT.
   UNDER THIS SECTION, POLICE OFFICER AND PEACE OFFICER  ARE  AS  DEFINED
 UNDER SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   FAILURE TO RETREAT IS A CLASS D FELONY.
   §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 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.
              

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