Bill > A05433

This bill amends the New York 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, including deadly force, in self-defense or defense of others. The bill also provides immunity from civil and criminal liability for the justified use of physical force. Additionally, the bill requires a court to dismiss charges against a defendant who claims justification for the use of physical force, unless the court determines by clear and convincing evidence that the use of force was not reasonable or justified. The bill also requires a plaintiff in certain civil actions to file a certificate of merit attesting that the defendant was not justified in the use of physical or deadly physical force.