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Bill > S01120


NY S01120

NY S01120
Relates 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
In Committee
01/03/2024
Crossed Over
Passed
Dead
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)

Last Action

REFERRED TO CODES (on 01/03/2024)

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