New York 2025-2026 Regular Session

New York Assembly Bill A04326

Introduced
2/4/25  
Refer
2/4/25  

Caption

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.

Summary

Bill A04326 proposes to amend the penal law by establishing the crime of 'failure to retreat.' This offense is defined as the act of not immediately halting or retreating when ordered to do so by a police officer or peace officer while within twenty-five feet of them. The bill classifies this offense as a class D felony, with specific exemptions for individuals who are physically unable to comply due to disability or injury, or if a physical barrier prevents retreat. Additionally, the bill amends the criminal procedure law to include 'failure to retreat' as a condition affecting bail and pretrial release decisions.

Impact

If enacted, this bill would introduce a new felony offense into New York's penal law, specifically targeting interactions between civilians and law enforcement. It would likely lead to an increase in arrests and prosecutions for individuals who fail to comply with police orders in close proximity. The amendments to the criminal procedure law would also influence how bail is set for individuals charged with this new offense, potentially leading to stricter pretrial conditions for those accused of failure to retreat alongside other serious offenses.

Sentiment

The sentiment surrounding Bill A04326 appears to be mixed, with some support for enhancing law enforcement authority and ensuring compliance during police interactions, while concerns have been raised regarding the potential for misuse or overreach in policing. The lack of voting history and committee discussions suggests that the bill may still be in the early stages of consideration, making it difficult to gauge overall public or legislative sentiment comprehensively.

Contention

Notable points of contention include concerns about the implications of criminalizing failure to retreat, particularly regarding the potential for disproportionate impacts on marginalized communities. Critics argue that this could lead to unnecessary confrontations with law enforcement, while supporters maintain that it is necessary for maintaining order and respect for police authority. The balance between public safety and individual rights is likely to be a central theme in discussions about this bill.

Companion Bills

NY S00108

Same As 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.

Previously Filed As

NY S00108

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.

NY S00077

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.

NY A00294

Provides that a person is guilty of aggravated assault upon a police officer or peace officer when, with intent to cause physical injury to another person whom such person knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing such police officer or peace officer's official duties and when aided by two or more other persons actually present at an assembly in a public place, as such term is defined in subdivision one of section 240.00 of this part, such person causes physical injury to such police officer or peace officer.

NY S00175

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, such person reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of such officer's duties; requires the posting of bail.

NY A04337

Establishes the crime of aggravated offering of a false accusation against a police officer or peace officer for knowing the information reported to be false or baseless, such person reports, by word or action, to a law enforcement officer or agency, the wrongdoing by a police officer or peace officer in the performance of such officer's duties; requires the posting of bail.

NY A10735

Establishes the offense of obstructing a police officer or peace officer as intentionally interfering with, inhibiting, or attempting to interfere or inhibit a police officer or peace officer from performing their lawful duties.

NY A08994

Requires police and peace officers receive a lawful order before assisting with immigration enforcement; requires federal agents identify themselves at the request of public officers, police officers or peace officers; establishes penalties for federal agents who fail to identify themselves.

NY A03988

Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.

NY S08324

Grants security officers serving at the village of Ardsley village court peace officer status; provides that such officers shall complete training if they are not otherwise police officers or peace officers.

NY S00079

Establishes the crime of doxing a police officer, peace officer, or state officer when a person knowingly makes restricted personal information about a police officer, peace officer, state officer, or a member of the immediate family of such officer, publicly available with the intent to threaten, intimidate, or incite the commission of a crime of violence against the police officer, peace officer, state officer, or a member of the immediate family of such officer; or with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against the police officer, peace officer, state officer, or a member of the immediate family of such officer; requires the posting of bail.

Similar Bills

No similar bills found.