|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Feb 04, 2009||referred to codes|
senate Bill S1671
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1671 - Details
- See Assembly Version of this Bill:
- Law Section:
- Penal Law
S1671 - Sponsor Memo
BILL NUMBER: S1671 TITLE OF BILL : An act to amend the penal law, in relation to justification for the use of physical force SUMMARY OF PROVISIONS : This bill amends §35.15 of the Penal Law, authorizing the use of deadly physical force on the surrounding grounds of one's residence. JUSTIFICATION : The Penal Law strictly limits those instances which justify the use of physical force by non-police personnel. In short, §35.15 of the Penal Law requires an individual faced with deadly physical assault to retreat,if a safe retreat exists. A crime victim is permitted to stand his ground against an assault only if in his own dwelling and he is not the initial aggressor. A crime victim must make the split-second decision if a safe retreat does or does not exist. Clearly, present statute does not favor the crime victim. Prior to the recodification of the Penal Law (1967), a crime victim had an absolute right to self-defense. "To avoid the felonious aggression against his person a crime victim was justified in standing his ground and, if necessary, destroying the person making the felonious assault. People V. Liquori. 284 NY 309,317 (1940).
S1671 - Bill Text download pdf
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