New York S 1473: Relates to the justified use of physical force

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S01473 Summary:

BILL NOS01473 

&nbsp

SAME ASSAME AS A03241

&nbsp

SPONSORBORRELLO

&nbsp

COSPNSRHELMING, OBERACKER, O'MARA, ORTT, PALUMBO, RHOADS, STEC

&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

&nbsp

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 S01473 Actions:

BILL NOS01473 

&nbsp

01/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01473 Committee&nbspVotes:

Go to topS01473 Floor&nbspVotes:

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

Go to topS01473 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1473

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sens. BORRELLO, HELMING, OBERACKER, O'MARA, ORTT, PALUMBO,
 STEC -- read twice and ordered printed, and when printed to be commit-
 ted 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:

 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:

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

 S. 1473 2

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