Senate Bill S108

2025-2026 Legislative Session

Establishes the crime of failure to retreat

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Archive: Last 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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2025-S108 (ACTIVE) - Details

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
2023-2024: S77

2025-S108 (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 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.

2025-S108 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    108
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 SUCH  PERSON  IS  WITHIN
 TWENTY-FIVE  FEET  OF  A  POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE
 PERFORMANCE OF THEIR DUTIES AND SUCH 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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