senate Bill S8821

2019-2020 Legislative Session

Establishes the crime of failure to retreat

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2020 referred to rules

Co-Sponsors

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S8821 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §205.40, Pen L; amd §§510.10, 530.20 & 530.40, CP L

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

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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