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NY S00108
Bill
Status
1/8/2025
Primary Sponsor
Patrick Gallivan
Click for details
AI Summary
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Creates a new Class D felony crime of "failure to retreat" when a person within 25 feet of a police or peace officer performing their duties fails to immediately halt or retreat after being ordered to do so
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Provides two exceptions to the offense: individuals with physical disabilities or injuries where compliance would worsen their condition, and situations where physical barriers make it impossible to halt or retreat
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Adds the new offense to the list of qualifying crimes for which bail may be set under New York's criminal procedure law, allowing judges to require bail for those charged with this offense
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Amends multiple sections of the Criminal Procedure Law (510.10, 530.20, and 530.40) to include this new crime among bail-eligible offenses
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Takes effect 30 days after becoming law
Legislative Description
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 their 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.
Last Action
REFERRED TO CODES
1/7/2026