Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 | referred to codes |
Jan 05, 2011 | referred to codes |
senate Bill S281
Sponsored By
George D. Maziarz
(R) 0 Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
William J. Larkin, Jr.
(R, C) 0 Senate District
Michael H. Ranzenhofer
(R, C, IP) 61st Senate District
James L. Seward
(R, C, IP, RFM) 51st Senate District
S281 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- 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 (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.
S281 (ACTIVE) - Sponsor Memo
BILL NUMBER:S281 TITLE OF BILL: 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, residence 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 PURPOSE OR GENERAL IDEA OF BILL: Authorizes a person to use physical force, including deadly physical force in defense of a person, in defense of premises or in defense of a dwelling, residence or vehicle. Repeal the "duty to retreat" clause, while providing protection from criminal prosecution for those who defend themselves from criminal attack. SUMMARY OF SPECIFIC PROVISIONS: Section 1 repeals §35.15 of the penal law and adds a new a new §35.l5 - Justification; use of physical force in defense of a person. Subdivision I justifies the use of physical force, except deadly physical force, when necessary to defend himself/herself against another's use of unlawful force. Subdivision 2 provides that a person may use force, including deadly force, against an intruder or attacker in a dwelling, residence, or vehicle under certain circumstances and
S281 (ACTIVE) - 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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