|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 20, 2020||referred to rules|
senate Bill S8821
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8821 (ACTIVE) - Details
S8821 (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.
S8821 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8821 SPONSOR: GALLIVAN TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to establishing the crime of failure to retreat PURPOSE: This legislation establishes the criminal offense of failure to halt or to retreat, with exceptions, when instructed to do so by a police or peace officer. Makes such offense a class D felony. SUMMARY OF PROVISIONS: Section one establishes that when a police of peace officer orders a person to halt or retreat and that person fails to do so shall be guilty of failure to retreat, which is a class D felony. Such person shall not be guilty if they are unable to halt or retreat due to a physical disa- bility or injury. Such person shall also not be guilty if a physical
S8821 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8821 I N S E N A T E July 20, 2020 ___________ Introduced by Sens. GALLIVAN, AKSHAR, AMEDORE, BORRELLO, BOYLE, FUNKE, HELMING, JORDAN, LANZA, LAVALLE, LITTLE, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part UU of chapter 56 of the laws of 2020, are amended and a new paragraph (u) is added to read as follows: (s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (t) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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