senate Bill S281

2011-2012 Legislative Session

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; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S281 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Rpld & add §§35.15, 35.20 & 35.25, amd §265.35, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3211

S281 - 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.

S281 - Sponsor Memo

S281 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   281

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, LARKIN, RANZENHOFER, SEWARD -- read twice
  and ordered printed, and when printed to be committed 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 Section 35.15 of the  penal  law  is  REPEALED  and  a  new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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01664-01-1

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