BILL NUMBER: S108
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
barrier is present that makes it physically impossible to halt or
retreat.
Sections 2, 3 and 4 makes such offense bail eligible.
Section 5 establishes the effective date.
 
JUSTIFICATION:
Members of law enforcement, in particular police and peace officers, are
entrusted with protecting the unalienable rights afforded to all of us
within the constitution. These dedicated public servants also take an
oath to uphold our laws, which has the potential to put such officers in
harms way. We owe it to our police and peace officers to provide them
with adequate protections so that they can perform their necessary
duties. This bill does just that.
 
LEGISLATIVE HISTORY:
2023-24: S.77/A.4211 Referred to Codes
2021-22: S.3464/A.9924 Referred to Codes
2019-20: S.8821 Referred to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.