Bill > A04326

This bill establishes a new criminal offense called "failure to retreat" in New York state, which occurs when a person is within 25 feet of a police officer or peace officer performing their duties, is ordered to halt or retreat, and fails to do so immediately. The crime is classified as a class D felony, with specific exceptions for individuals who cannot halt or retreat due to physical disability, injury, or a physical barrier preventing movement. The bill also amends existing criminal procedure laws to include failure to retreat as a qualifying offense for bail and pre-trial detention purposes, meaning that individuals charged with this crime may be required to post bail or could be held in custody before trial. The language updates also replace gendered pronouns with the gender-neutral term "their" throughout the legal text. The new law would go into effect 30 days after it is signed, and it aims to provide law enforcement with additional legal tools to ensure compliance with officers' commands in close proximity situations.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A4326