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Bill > S01120
NY S01120
NY S01120Relates to the justified use of physical force; removes requirement that a person facing an imminent physical threat must retreat; provides immunity from civil and criminal liability.
summary
Introduced
01/10/2023
01/10/2023
In Committee
01/03/2024
01/03/2024
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
2023-2024 General Assembly
Bill Summary
AN ACT to amend the penal law, the criminal procedure law and the civil practice law and rules, in relation to the justified use of physical force
AI Summary
This bill amends the Penal Law, Criminal Procedure Law, and Civil Practice Law and Rules to remove 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 force or the threatened use of force. The bill clarifies that the court shall not consider the possibility of retreat when determining whether the use of deadly force was justified, and requires the court to dismiss charges or civil claims against a defendant who shows justification for the use of force, unless the prosecutor or plaintiff can prove by clear and convincing evidence that the force was not reasonable or justified.
Committee Categories
Housing and Urban Affairs
Sponsors (6)
George Borrello (R)*,
Pam Helming (R),
Tom O'Mara (R),
Rob Ortt (R),
Tony Palumbo (R),
Dan Stec (R),
Last Action
REFERRED TO CODES (on 01/03/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2023/S1120 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S01120&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S01120 |
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