Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2010 |
held for consideration in codes |
Jan 06, 2010 |
referred to codes |
Mar 06, 2009 |
referred to codes |
Assembly Bill A6498
2009-2010 Legislative Session
Sponsored By
MCDONOUGH
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Stephen Hawley
Joseph Errigo
Jane Corwin
Gary Finch
multi-Sponsors
Daniel Burling
Nancy Calhoun
2009-A6498 (ACTIVE) - Details
2009-A6498 (ACTIVE) - Summary
Authorizes a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle under specific circumstances; creates a presumption that a reasonable fear of death or great bodily harm exists under certain circumstances.
2009-A6498 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6498 2009-2010 Regular Sessions I N A S S E M B L Y March 6, 2009 ___________ Introduced by M. of A. McDONOUGH, WALKER, HAWLEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to authorizing a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, resi- dence or vehicle under specific circumstances and in relation to creating a presumption that a reasonable fear of death or great bodily harm exists under certain circumstances; and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 35.15 of the penal law is REPEALED and a new section 35.15 is added to read as follows: S 35.15 JUSTIFICATION; USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON. 1. A PERSON IS JUSTIFIED IN THE USE OF PHYSICAL FORCE, EXCEPT DEADLY PHYSICAL FORCE, AGAINST ANOTHER WHEN AND TO THE EXTENT THAT THE PERSON REASONABLY BELIEVES THAT SUCH CONDUCT IS NECESSARY TO DEFEND HIMSELF OR HERSELF OR ANOTHER AGAINST THE OTHER'S IMMINENT USE OF UNLAWFUL FORCE. 2. A PERSON IS JUSTIFIED IN THE USE OF DEADLY PHYSICAL FORCE AND DOES NOT HAVE A DUTY TO RETREAT IF: (A) HE OR SHE REASONABLY BELIEVES THAT SUCH FORCE IS NECESSARY TO PREVENT IMMINENT DEATH OR GREAT BODILY HARM TO HIMSELF OR HERSELF OR ANOTHER; (B) HE OR SHE REASONABLY BELIEVES THAT SUCH OTHER PERSON IS COMMITTING OR ATTEMPTING TO COMMIT A KIDNAPPING, FORCIBLE RAPE, FORCIBLE CRIMINAL SEXUAL ACT OR ROBBERY; (C) HE OR SHE REASONABLY BELIEVES THAT SUCH OTHER PERSON IS COMMITTING OR ATTEMPTING TO COMMIT A BURGLARY, AND THE CIRCUMSTANCES ARE SUCH THAT THE USE OF DEADLY PHYSICAL FORCE IS NECESSARY TO PREVENT OR TERMINATE THE COMMISSION OR ATTEMPTED COMMISSION OF SUCH BURGLARY; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01522-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.