Bill > S01473

This bill modifies New York State law regarding the use of physical force in self-defense, substantially expanding protections for individuals who use force to defend themselves, others, or property. The bill removes the previous requirement that a person facing an imminent physical threat must attempt to retreat before using force, effectively establishing a "stand your ground" principle. Specifically, the legislation makes several key changes: it eliminates the duty to retreat when using physical force in self-defense, particularly when a person is in their own dwelling or another lawful location; provides immunity from criminal and civil liability for individuals who use reasonable force in self-defense; mandates that courts cannot instruct juries to consider retreat as a factor when evaluating the reasonableness of using deadly force; requires courts to dismiss criminal charges related to self-defense unless there is clear and convincing evidence that the force was unreasonable; and establishes provisions to protect defendants in civil cases, including potential awards of attorney fees and other expenses if their use of force is deemed justified. The bill also includes a unique provision preventing civil lawsuits by individuals who were committing a crime against the respondent at the time force was used in self-defense, requiring attorneys to certify the reasonable basis of such claims.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1473