assembly Bill A10114

2019-2020 Legislative Session

Relates to the justified use of physical force

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2020 referred to codes

Co-Sponsors

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A10114 (ACTIVE) - Details

See Senate Version of this Bill:
S7915
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§35.15, 35.05, 35.10 & 120.14, Pen L; amd §§140.10 & 180.10, CP L; amd R3211, add §3012-c, CPLR

A10114 (ACTIVE) - Summary

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.

A10114 (ACTIVE) - Bill Text download pdf


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

                                  10114

                          I N  A S S E M B L Y

                             March 12, 2020
                               ___________

Introduced  by  M. of A. DiPIETRO, LiPETRI, STEC, PALMESANO -- read once
  and referred to the Committee on Codes

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

  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, as added by chapter 73 of
the laws of 1968, subdivisions 1 and 2 as amended by chapter 511 of  the
laws of 2004, is amended to read as follows:
§ 35.15 Justification; use of physical force in defense of a person.
  1.  A person may, subject to the provisions of subdivision two OF THIS
SECTION, use physical force upon another person when and to  the  extent
he  or  she  reasonably believes such to be necessary to defend himself,
herself or a third person from what he or she reasonably believes to  be
the use or imminent use of unlawful physical force by such other person,
unless:
  (a)  The  latter's  conduct  was  provoked by the actor with intent to
cause physical injury to another person; or
  (b) The actor was the initial aggressor; except that in such case  the
use of physical force is nevertheless justifiable if the actor has with-
drawn from the encounter and effectively communicated such withdrawal to
such  other person but the latter persists in continuing the incident by
the use or threatened imminent use of unlawful physical force; or
  (c) The physical force involved is the product of a combat  by  agree-
ment not specifically authorized by law.
  2.  A  person  may  not  use deadly physical force upon another person
under circumstances specified in subdivision one OF THIS SECTION unless:
  (a) The actor reasonably believes that such other person is  using  or
about  to  use  deadly  physical force. [Even in such case, however, the
actor may not use deadly physical force if he or  she  knows  that  with
complete  personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the] THE actor is under
no duty to retreat if he or she is:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets