|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 20, 2022||referred to codes|
senate Bill S8026
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8026 (ACTIVE) - Details
S8026 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8026 SPONSOR: BORRELLO TITLE OF BILL: 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 PURPOSE OF BILL: Removes the duty to retreat in scenarios justified under article thir- ty-five of the penal law and adds protections for the defendant. SUMMARY OF PROVISIONS: Section 1 provides for the removal of the duty of retreat in places where the defender is lawfully permitted to be. Section 2 directs to courts to instruct the jury that the duty of retreat is no longer a consideration when determining if a person used the threat of, or actual force against an aggressor,
S8026 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8026 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 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 [ ] is old law to be omitted.
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