Senate Bill S3718

2021-2022 Legislative Session

Relates to the justified use of physical force

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

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2021-S3718 (ACTIVE) - Details

See Assembly Version of this Bill:
A5269
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
Versions Introduced in Other Legislative Sessions:
2019-2020: S7915, A10114
2023-2024: S1120, A5433

2021-S3718 (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.

2021-S3718 (ACTIVE) - Sponsor Memo

2021-S3718 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3718
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed 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

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

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