New York A 3241: Relates to the justified use of physical force

Bill Text

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A03241 Summary:

BILL NOA03241 

&nbsp

SAME ASSAME AS S01473

&nbsp

SPONSORDiPietro

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§35.15, 35.05, 35.10 & 120.14, Pen L; amd §§140.10 & 180.10, CP L; amd R3211, add §3012-c, CPLR

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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.

Go to top A03241 Actions:

BILL NOA03241 

&nbsp

01/27/2025referred to codes

01/07/2026referred to codes

Go to topA03241 Committee&nbspVotes:

Go to topA03241 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03241 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3241

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 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:

 1 Section 1. Section 35.15 of the penal law, as added by chapter 73 of
 2 the laws of 1968, subdivisions 1 and 2 as amended by chapter 511 of the
 3 laws of 2004, paragraph (b) of subdivision 2 as amended by chapter 23 of
 4 the laws of 2024, is amended to read as follows:
 5 § 35.15 Justification; use of physical force in defense of a person.
 6 1. A person may, subject to the provisions of subdivision two of this
 7 section, use physical force upon another person when and to the extent
 8 [he or she] such person reasonably believes such to be necessary to
 9 defend [himself, herself] themself or a third person from what [he or
 10 she] such person reasonably believes to be the use or imminent use of
 11 unlawful physical force by such other person, unless:
 12 (a) The latter's conduct was provoked by the actor with intent to
 13 cause physical injury to another person; or
 14 (b) The actor was the initial aggressor; except that in such case the
 15 use of physical force is nevertheless justifiable if the actor has with-
 16 drawn from the encounter and effectively communicated such withdrawal to
 17 such other person but the latter persists in continuing the incident by
 18 the use or threatened imminent use of unlawful physical force; or
 19 (c) The physical force involved is the product of a combat by agree-
 20 ment not specifically authorized by law.
 21 2. A person may not use deadly physical force upon another person
 22 under circumstances specified in subdivision one of this section unless:
 23 (a) The actor reasonably believes that such other person is using or
 24 about to use deadly physical force. [Even in such case, however, the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04500-01-5

 A. 3241 2

 1 actor may not use deadly physical force if he or she knows that with
 2 complete personal safety, to oneself and others he or she may avoid the
 3 necessity of so doing by retreating; except that the] The actor is under
 4 no duty to retreat if [he or she] such actor is:
 5 (i) in [his or her] such actor's dwelling or any other place that such
 6 actor is lawfully permitted to be and is not the initial aggressor; or
 7 (ii) a police officer or peace officer or a person assisting a police
 8 officer or a peace officer at the latter's direction, acting pursuant to
 9 section 35.30 of this article; or
 10 (b) [He or she] The actor reasonably believes that such other person
 11 is committing or attempting to commit a kidnapping, forcible rape,
 12 forcible aggravated sexual abuse, a crime formerly defined in section
 13 130.50 of this chapter by force, or robbery; or
 14 (c) [He or she] The actor reasonably believes that such other person
 15 is committing or attempting to commit a burglary, and the circumstances
 16 are such that the use of deadly physical force is authorized by subdivi-
 17 sion three of section 35.20 of this article.
 18 § 2. Section 35.05 of the penal law is amended by adding a new subdi-
 19 vision 3 to read as follows:
 20 3. When a defendant has offered the defense