senate Bill S3464

2021-2022 Legislative Session

Establishes the crime of failure to retreat

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Sponsored By

Current Bill Status - In Senate Committee Codes 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
Jan 29, 2021 referred to codes

Co-Sponsors

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S3464 (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 2019-2020 Legislative Session:
S8821

S3464 (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.

S3464 (ACTIVE) - Sponsor Memo

S3464 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3464
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR, BORRELLO, BOYLE, GRIFFO, HELMING,
   JORDAN, LANZA, MARTUCCI, MATTERA, OBERACKER,  O'MARA,  ORTT,  PALUMBO,
   RATH,  RITCHIE,  SERINO, 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 (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]

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

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