NY State Senate Bill 2025-S1473

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2025	referred to codes

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2025-S1473 (ACTIVE) - Details

Current Committee:: Senate 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 Other Legislative Sessions:: 2019-2020: S7915
2021-2022: S3718, S8026
2023-2024: S1120

2025-S1473 (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.

2025-S1473 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1473

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,

Section 3 amends the penal law to include a new subdivision that states
that a person who is justified in using force in a self-defense situ-
ation is immune from criminal and civil liability.

Section 4 amends the penal law to state that those who justifiably used
force in a self-defense situation, is not guilty of menacing.

Section 5 allows law enforcement to arrest someone who used force if
there is probable cause to find that the use of force was not justifia-
ble under article thirty-five of the penal law.

Section 6 adds a new subdivision to the criminal procedure law to direct
defenders to state that in the event of an arrest following a self-de-
fense situation, the court shall dismiss the charges following arraign-
ment, unless the court determines by a clear and convincing standard,
that the use of said force was not reasonable.

Section 7 amends the civil practice law to state: that in the event that
a court grants a civil action against an individual who used justifiable
force, the defendant can move for a dismissal in a pre-trial hearing
unless the other party can prove, with clear and convincing evidence,
that the force was not reasonable. Adds that the court shall award
reasonable attorney fees, court costs, and compensation for lost income
and other expenses incurred by a defendant in a civil court action if
the court finds that the defendant's actions were justified.

Section 8 amends the civil practice law by adding a new section that
states that before a civil suit can continue against a defendant, the
plaintiffs counsel shall provide a certificate of merit stating that he
has reviewed the facts of the case and believes that, to the best of his
knowledge, the force used was not justified

Section 9 is the effective date.

 
JUSTIFICATION:

The Second Amendment is designed to allow the people of the United
States to protect themselves. Currently, New York law states that the
duty to retreat is only removed when a person is in their own dwelling.
No New York citizen should have to wait until they or their loved ones
are shot or stabbed before they can defend themselves. Law-abiding citi-
zens should have the right to defend themselves and others, regardless
of their location, when faced with the threat of imminent danger.

Daniel Penny, a Marine veteran, was charged with second-degree
manslaughter and released on bond following the death of Jordan Neely on
May 1, 2023. Neely, who had a criminal history of violence and mental
health issues, boarded a New York City Subway train at the Second Avenue
station and began threatening the passengers and loudly proclaimed that
-he was not afraid of going to prison and was "ready to die," which
caused alarmed.

Witnesses, including freelance journalist Juan Alberto Vazquez, reported
that Neely's behavior was erratic and intimidating. Penny intervened by
putting Neely in a chokehold. Multiple witness accounts from that day
showed gratitude to Daniel Penny for intervening in what could have been
yet another violent attack on innocent victims by Jordan Neely.

Penny's actions were seen by many as a necessary act of self-defense in
a chaotic situation. However, he was later charged with criminally
negligent homicide, sparking a heated debate about the fairness of his
prosecution. Penny was unjustly persecuted for his attempt to protect
fellow passengers.

Even though Daniel Penny has been cleared of criminal charges by a jury,
he still faces the threat of financial ruin with a pending civil trial
brought by Neely's family.  Under this proposed legislation, citizens
like Daniel Penny, who are justified in using deadly force to defend
themselves and others, would be immune from criminal and civil liabil-
ity. The bill would remove the duty to retreat in places where the
defender is lawfully permitted to be. It would also direct courts to
instruct juries that the duty to retreat is no longer a consideration
when determining if a person used the threat of force or actual force to
deter an aggressor and prevent injury or death to themselves or others.

 
LEGISLATIVE HISTORY:

2022: Referred to Codes

2019-2020: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act will take effect immediately.

2025-S1473 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1473
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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, paragraph (b) of subdivision 2 as amended by chapter 23 of
 the laws of 2024, 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] SUCH PERSON reasonably believes  such  to  be  necessary  to
 defend  [himself,  herself]  THEMSELF or a third person from what [he or
 she] SUCH PERSON 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04500-01-5
 S. 1473                             2

 
   (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] SUCH ACTOR is:
   (i) in [his or her] SUCH ACTOR'S dwelling OR ANY OTHER PLACE THAT SUCH
 ACTOR IS LAWFULLY PERMITTED TO BE and IS not the initial aggressor; or
   (ii)  a police officer or peace officer or a person assisting a police
 officer or a peace officer at the latter's direction, acting pursuant to
 section 35.30 OF THIS ARTICLE; or
   (b) [He or she] THE ACTOR reasonably believes that such  other  person
 is  committing  or  attempting  to  commit  a kidnapping, forcible rape,
 forcible aggravated sexual abuse, a crime formerly  defined  in  section
 130.50 of this chapter by force, or robbery; or
   (c)  [He  or she] THE ACTOR reasonably believes that such other person
 is committing or attempting to commit a burglary, and the  circumstances
 are such that the use of deadly physical force is authorized by subdivi-
 sion three of section 35.20 OF THIS ARTICLE.
   §  2. Section 35.05 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. WHEN A DEFENDANT HAS OFFERED THE DEFENSE OF JUSTIFICATION  FOR  THE
 THREATENED  OR  ACTUAL USE OF DEADLY FORCE, THE COURT SHALL INSTRUCT THE
 JURY THAT THEY SHALL NOT BE PERMITTED TO  CONSIDER  THE  POSSIBILITY  OF
 RETREAT  AS  A  FACTOR IN DETERMINING WHETHER A PERSON WHO THREATENED OR
 USED DEADLY FORCE REASONABLY BELIEVED THAT THE FORCE  WAS  NECESSARY  TO
 PREVENT DEATH OR SERIOUS BODILY INJURY TO SUCH PERSON OR ANOTHER.
   §  3. Section 35.10 of the penal law is amended by adding a new subdi-
 vision 7 to read as follows:
   7. A PERSON WHO IS JUSTIFIED IN THREATENING OR  USING  PHYSICAL  FORCE
 AGAINST  ANOTHER PERSON IN DEFENSE OF THEMSELF, ANOTHER PERSON, OR PROP-
 ERTY PURSUANT TO THIS SECTION IS IMMUNE FROM CRIMINAL AND CIVIL  LIABIL-
 ITY  FOR  ANY DAMAGES INCURRED BY THE AGGRESSOR PURSUANT TO THE APPLICA-
 TION OF REASONABLE PHYSICAL FORCE OR THREATENED USE OF FORCE.
   § 4. Subdivision 1 of section 120.14 of the penal law, as  amended  by
 chapter 222 of the laws of 1994, is amended to read as follows:
   1.  [He  or she] SUCH PERSON intentionally places or attempts to place
 another person in reasonable fear of physical injury,  serious  physical
 injury  or  death by displaying a deadly weapon, dangerous instrument or
 what appears to be a pistol, revolver, rifle, shotgun,  machine  gun  or
 other  firearm;  PROVIDED,  HOWEVER, THAT WHERE A PERSON IS JUSTIFIED IN
 THE USE OF PHYSICAL FORCE UPON ANOTHER PERSON IN SELF-DEFENSE OR DEFENSE
 OF A THIRD PERSON, OR IN DEFENSE OF PREMISES  UNDER  THE  PROVISIONS  OF
 ARTICLE  THIRTY-FIVE  OF  THIS  CHAPTER, SUCH PERSON SHALL NOT BE LIABLE
 UNDER THE PROVISIONS OF THIS SUBDIVISION; or
   § 5. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4.  NO PERSON SHALL BE ARRESTED PURSUANT TO THIS SECTION FOR A USE  OF
 FORCE,  UNLESS  THE POLICE OFFICER BELIEVES THAT THERE IS PROBABLE CAUSE
 TO FIND THAT THE USE OF FORCE WAS NOT JUSTIFIABLE UNDER ARTICLE  THIRTY-
 FIVE OF THE PENAL LAW.
   § 6. Section 180.10 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8.  UPON  ARRAIGNMENT, IF A DEFENDANT OFFERS THE DEFENSE OF JUSTIFICA-
 TION TO ANY ALLEGATION INVOLVING THE USE OF  PHYSICAL  FORCE,  INCLUDING
 DEADLY  PHYSICAL  FORCE,  THE COURT SHALL DISMISS THE CHARGES UNLESS THE
 S. 1473                             3
 
 COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE USE  OF  SUCH
 PHYSICAL FORCE BY THE DEFENDANT WAS NOT REASONABLE OR JUSTIFIED.
   §  7.  Rule  3211  of  the  civil practice law and rules is amended by
 adding a new subdivision (i) to read as follows:
   (I) (1) MOTION TO DISMISS; USE OF FORCE; JUSTIFICATION.  A  PARTY  MAY
 MOVE  TO  DISMISS  A  CAUSE OF ACTION ON THE BASIS THAT THE MOVING PARTY
 USED REASONABLE FORCE UNDER SECTION 35.15 OF THE PENAL LAW. UPON  FILING
 A  MOTION  TO DISMISS, THE COURT SHALL HOLD A HEARING PRIOR TO TRIAL AND
 SHALL GRANT SUCH MOTION UNLESS THE PARTY RESPONDING TO THE MOTION PROVES
 BY CLEAR AND CONVINCING EVIDENCE THAT THE USE OF FORCE WAS  NOT  REASON-
 ABLE OR JUSTIFIED.
   (2)  THE  COURT  SHALL  AWARD  REASONABLE  ATTORNEY FEES, COURT COSTS,
 COMPENSATION FOR ANY LOSS OF INCOME AND ALL OTHER EXPENSES INCURRED BY A
 PERSON IN DEFENSE OF ANY CIVIL ACTION ARISING FROM THE PERSON'S  USE  OF
 REASONABLE FORCE PURSUANT TO SECTION 35.15 OF THE PENAL LAW IF THE COURT
 FINDS THAT THE DEFENDANT'S ACTIONS WERE JUSTIFIED AND DISMISSES THE CASE
 UNDER THIS SUBDIVISION.
   §  8.  The  civil  practice  law  and rules is amended by adding a new
 section 3012-c to read as follows:
   § 3012-C. CERTIFICATE OF MERIT IN CERTAIN ACTIONS TO  RECOVER  DAMAGES
 FOR  PERSONAL  INJURY,  INJURY TO PROPERTY OR WRONGFUL DEATH. (A) IN ANY
 ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY,  INJURY  TO  PROPERTY  OR
 WRONGFUL  DEATH  BROUGHT  BY AN INDIVIDUAL WHO COMMITTED A CRIME AGAINST
 THE RESPONDENT, WHERE THE INJURIES COMPLAINED OF RESULTED FROM A USE  OF
 PHYSICAL FORCE OR DEADLY PHYSICAL FORCE BY THE RESPONDENT AT THE TIME OF
 THE  COMMISSION  OF  THE  CRIME, THE COMPLAINT SHALL BE ACCOMPANIED BY A
 CERTIFICATE, SIGNED BY THE ATTORNEY FOR THE PLAINTIFF,  CERTIFYING  THAT
 THE ATTORNEY HAS REVIEWED THE FACTS OF THE CASE AND THAT, TO THE BEST OF
 SUCH  ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION AND THAT  THE  RESPONDENT  WAS
 NOT  JUSTIFIED  IN  THE  USE  OF PHYSICAL FORCE OR DEADLY PHYSICAL FORCE
 AGAINST THE PLAINTIFF.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE SHALL BE FILED FOR EACH ACTION EVEN IF MORE THAN ONE DEFEND-
 ANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   (C) IF THE ATTORNEY FOR THE PLAINTIFF FAILS TO PROVIDE THE CERTIFICATE
 AS REQUIRED BY SUBDIVISION (A) OF THIS SECTION THE COURT MAY DISMISS THE
 COMPLAINT OR MAKE SUCH FINAL OR CONDITIONAL ORDER WITH  REGARD  TO  SUCH
 FAILURE AS IS JUST INCLUDING BUT NOT LIMITED TO DENIAL OF THE ACCRUAL OF
 ANY  INTEREST,  COSTS,  ATTORNEYS'  FEES AND OTHER FEES, RELATING TO THE
 UNDERLYING MORTGAGE DEBT. ANY SUCH DISMISSAL SHALL BE WITHOUT  PREJUDICE
 AND SHALL NOT BE ON THE MERITS.
   §  9.  This  act shall take effect immediately; provided however, that
 section five of this act shall take effect upon the repeal  of  subdivi-
 sion  4  of  section  140.10  of  the criminal procedure law pursuant to
 section 59 of chapter 222 of the laws of 1994, as amended.

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Senate Bill S1473

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S1473 (ACTIVE) - Details

2025-S1473 (ACTIVE) - Summary

2025-S1473 (ACTIVE) - Sponsor Memo

2025-S1473 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1473

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S1473 (ACTIVE) - Details

2025-S1473 (ACTIVE) - Summary

2025-S1473 (ACTIVE) - Sponsor Memo

2025-S1473 (ACTIVE) - Bill Text download pdf

Comments