Bill

Bill > A03241


NY A03241

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
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 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 modifies New York's laws regarding the use of physical force in self-defense, primarily by removing the previous requirement that individuals facing an imminent physical threat must retreat before using force. The bill expands protections for individuals using reasonable force to defend themselves, others, or property by creating new legal provisions that limit liability and provide stronger legal protections. Specifically, the bill eliminates the duty to retreat before using force in situations where a person reasonably believes they are facing unlawful physical force, and it instructs courts that juries cannot consider retreat as a factor when evaluating whether the use of force was necessary. The legislation also provides immunity from criminal and civil liability for individuals who use justified physical force, requires courts to dismiss charges unless clear evidence shows the force was unreasonable, and mandates that courts award attorney fees and other expenses to defendants whose use of force is found to be justified. Additionally, the bill adds provisions to limit civil actions by individuals who have committed crimes against the person defending themselves, requiring attorneys to certify the legal basis of such claims and potentially allowing for dismissal of frivolous lawsuits.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

referred to codes (on 01/27/2025)

bill text


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