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- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S281
Title of bill
An act to amend the penal law, in relation to authorizing a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle under specific circumstances and in relation to creating a presumption that a reasonable fear of death or great bodily harm exists under certain circumstances; and repealing certain provisions of such law relating thereto
Purpose or general idea of bill
Authorizes a person to use physical force, including deadly physical force in defense of a person, in defense of premises or in defense of a dwelling, residence or vehicle. Repeal the "duty to retreat" clause, while providing protection from criminal prosecution for those who defend themselves from criminal attack.
Read the full memo (763 words)
Summary of specific provisions
Section 1 repeals §35.15 of the penal law and adds a new a new §35.l5 - Justification; use of physical force in defense of a person. Subdivision I justifies the use of physical force, except deadly physical force, when necessary to defend himself/herself against another's use of unlawful force. Subdivision 2 provides that a person may use force, including deadly force, against an intruder or attacker in a dwelling, residence, or vehicle under certain circumstances and declares that a person is not under a duty to retreat. States that it is a presumption that a reasonable fear of death or bodily injury, to herself/himself or another, exists under certain circumstances. Subdivision 3 provides circumstances when a person is not justified in the use of deadly physical force.
Section 2 repeals §35.20 of the penal law and odds a new §35.20 - Justification; use of physical force in defense of premises. Subdivision 1 justifies the use of physical force, except deadly physical force, when necessary to prevent or eliminate the other's trespass on, or other tortuous or criminal interference with, his/her real or personal property - with certain exceptions. Subdivision 2 provides that a person may Use deadly force, against an intruder or attacker in a dwelling, residence, or vehicle under certain circumstances and declares that a person is not under a duty to retreat. States that it is a presumption that a reasonable fear of death or bodily injury, to himself/herself or another, exists under certain circumstances.
Section 3 repeals §35.25 of the penal law and adds a new § 35.25 - Justification; use of physical force in defense of Premises. Subdivision 1 creates a presumption that a reasonable fear of death or bodily injury, to himself/herself or another, exists under certain circumstances. Subdivision 2 Provides circumstances when a person is not justified in the use of deadly physical force.
Subdivision 3 states that it is a presumption that a person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle does so with the intent to
commit an unlawful act involving force or violence. Subdivision 4 defines "dwelling," "residence" and "vehicle."
Section 4 amends subdivision 3 of section 265.35 of the penal law - Expands legal exemption for discharging a firearm, air-gun or other weapon to include "in defense of premises."
Section 5 is the effective date.
Existing law
§35.15 - Justification; use of physical force in defense of a person. §35.20 - Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. §35.25 - Justification; use of physical force to prevent or terminate larceny or criminal mischief. §265.35 - Prohibited use of weapons.
Justification
Current New York state Penal Law states that a person acting in self-defense may use force, but has a "duty to retreat," even when he or she "reasonably believes that such other person intruder, attacker. etc. is using or about to use deadly physical force." This section of law allows for the unjust prosecution of vigilant citizens, victimized by (or attempted) unlawful and forceful criminal action towards person and/or premises. This proposal would provide legal protection from criminal prosecution for those who defend themselves from criminal attack. Furthermore, it would clarify that the intruder's intent, by physically violating the rights of another person(s), is harmful. Clarifying this intent resolves the ambiguity of current law and relinquishes the undue burden of assessment current law has placed on the victim.
Prior legislative history
S.7173/A.8182-A of 2007-2008; Referred to Senate Codes Committee S.3211/A.6498 of 2009-2010; Referred to Senate Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.