Bill Text: NY S08821 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2020-07-20 - REFERRED TO RULES [S08821 Detail]
Download: New_York-2019-S08821-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8821 IN SENATE 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: 1 Section 1. The penal law is amended by adding a new section 205.40 to 2 read as follows: 3 § 205.40 Failure to retreat. 4 A person is guilty of failure to retreat when he or she is within 5 twenty-five feet of a police officer or peace officer engaged in the 6 performance of his or her duties and the police officer or peace officer 7 orders such person to halt or retreat and the person fails to do so 8 immediately. 9 An individual shall not be guilty of this offense if such individual 10 (a) suffers from a physical disability or physical injury and halting or 11 retreating would exacerbate such disability or injury, or (b) a physical 12 barrier makes it physically impossible for the individual to halt or 13 retreat. 14 Under this section, police officer and peace officer are as defined 15 under section 1.20 of the criminal procedure law. 16 Failure to retreat is a class D felony. 17 § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the 18 criminal procedure law, as added by section 2 of part UU of chapter 56 19 of the laws of 2020, are amended and a new paragraph (u) is added to 20 read as follows: 21 (s) a felony, where the defendant qualifies for sentencing on such 22 charge as a persistent felony offender pursuant to section 70.10 of the 23 penal law; [or] 24 (t) any felony or class A misdemeanor involving harm to an identifi- 25 able person or property, where such charge arose from conduct occurring 26 while the defendant was released on his or her own recognizance or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16963-02-0S. 8821 2 1 released under conditions for a separate felony or class A misdemeanor 2 involving harm to an identifiable person or property, provided, however, 3 that the prosecutor must show reasonable cause to believe that the 4 defendant committed the instant crime and any underlying crime. For the 5 purposes of this subparagraph, any of the underlying crimes need not be 6 a qualifying offense as defined in this subdivision[.]; or 7 (u) failure to retreat as defined in section 205.40 of the penal law. 8 § 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 9 section 530.20 of the criminal procedure law, as amended by section 3 of 10 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 11 agraph (xxi) is added to read as follows: 12 (xix) a felony, where the defendant qualifies for sentencing on such 13 charge as a persistent felony offender pursuant to section 70.10 of the 14 penal law; [or] 15 (xx) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, where such charge arose from conduct occurring 17 while the defendant was released on his or her own recognizance or 18 released under conditions for a separate felony or class A misdemeanor 19 involving harm to an identifiable person or property, provided, however, 20 that the prosecutor must show reasonable cause to believe that the 21 defendant committed the instant crime and any underlying crime. For the 22 purposes of this subparagraph, any of the underlying crimes need not be 23 a qualifying offense as defined in this subdivision[.]; or 24 (xxi) failure to retreat as defined in section 205.40 of the penal 25 law. 26 § 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 27 criminal procedure law, as added by section 4 of part UU of chapter 56 28 of the laws of 2020, are amended and a new paragraph (u) is added to 29 read as follows: 30 (s) a felony, where the defendant qualifies for sentencing on such 31 charge as a persistent felony offender pursuant to section 70.10 of the 32 penal law; [or] 33 (t) any felony or class A misdemeanor involving harm to an identifi- 34 able person or property, where such charge arose from conduct occurring 35 while the defendant was released on his or her own recognizance or 36 released under conditions for a separate felony or class A misdemeanor 37 involving harm to an identifiable person or property, provided, however, 38 that the prosecutor must show reasonable cause to believe that the 39 defendant committed the instant crime and any underlying crime. For the 40 purposes of this subparagraph, any of the underlying crimes need not be 41 a qualifying offense as defined in this subdivision[.]; or 42 (u) failure to retreat as defined in section 205.40 of the penal law. 43 § 5. This act shall take effect on the thirtieth day after it shall 44 have become a law.