assembly Bill A5269

2021-2022 Legislative Session

Relates to the justified use of physical force

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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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Feb 12, 2021 referred to codes

Co-Sponsors

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A5269 (ACTIVE) - Details

See Senate Version of this Bill:
S8026
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
Versions Introduced in 2019-2020 Legislative Session:
A10114, S7915

A5269 (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.

A5269 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5269
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee 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.