Bill > S03718

This bill removes the requirement that a person facing an imminent physical threat must retreat before using physical force in self-defense. It also provides immunity from civil and criminal liability for the justified use of physical or deadly force. The bill amends the Penal Law and Criminal Procedure Law to clarify that the possibility of retreat cannot be considered as a factor in determining whether a person's use of force was justified, and that a defendant who offers a justification defense must have the charges dismissed unless the court finds clear and convincing evidence that the use of force was not reasonable or justified. Additionally, the bill requires a plaintiff to provide a certificate of merit in certain civil actions arising from a use of force, certifying that the plaintiff's attorney believes there is a reasonable basis for the action and that the defendant was not justified in the use of force.