Bill > S00108

This bill establishes a new criminal offense called "failure to retreat" that applies when a person is within 25 feet of a police or peace officer performing their duties and fails to immediately halt or retreat when ordered to do so by that officer. The offense is classified as a class D felony, with two specific exceptions: a person cannot be found guilty if they have a physical disability or injury that would be worsened by halting or retreating, or if a physical barrier makes it impossible to do so. The bill also amends existing criminal procedure law to ensure that individuals charged with failure to retreat are subject to specific bail and release conditions, treating this new offense similarly to other serious misdemeanors and felonies. The terminology for police and peace officers follows definitions in the criminal procedure law, and the bill uses gender-neutral language by replacing "his or her" with "their" throughout. The new law will take effect 30 days after it becomes law, providing a short transition period for law enforcement and judicial systems to prepare for its implementation.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S108