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NY S01473
Bill
Status
1/10/2025
Primary Sponsor
George Borrello
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AI Summary
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Eliminates the "duty to retreat" requirement in New York, allowing a person to use deadly physical force in self-defense anywhere they are lawfully permitted to be, not just in their dwelling
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Grants immunity from both criminal and civil liability for anyone who uses justified physical force in defense of themselves, another person, or property
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Requires courts to dismiss charges at arraignment unless there is clear and convincing evidence that the defendant's use of force was not justified
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Prohibits police from arresting someone for use of force unless there is probable cause to believe the force was not justifiable under self-defense laws
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Creates a motion to dismiss civil lawsuits based on justified use of force, with mandatory attorney fees and costs awarded to defendants if the court finds their actions were justified
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Requires plaintiffs who were committing a crime against the defendant to file a certificate of merit from their attorney stating there is a reasonable basis to believe the defendant's use of force was not justified
Legislative Description
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.
Last Action
REFERRED TO CODES
1/7/2026