senate Bill S8026

2021-2022 Legislative Session

Relates to the justified use of physical force

download bill text pdf

Sponsored By

Current 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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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2022 referred to codes


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S8026 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate 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
Versions Introduced in 2019-2020 Legislative Session:
S7915, A10114

S8026 (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.

S8026 (ACTIVE) - Sponsor Memo

S8026 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                             I N  S E N A T E
                             January 20, 2022
 Introduced  by Sen. BORRELLO -- 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

   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,
   (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
                       [ ] is old law to be omitted.


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