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 of justification for the
21 threatened or actual use of deadly force, the court shall instruct the
22 jury that they shall not be permitted to consider the possibility of
23 retreat as a factor in determining whether a person who threatened or
24 used deadly force reasonably believed that the force was necessary to
25 prevent death or serious bodily injury to such person or another.
26 § 3. Section 35.10 of the penal law is amended by adding a new subdi-
27 vision 7 to read as follows:
28 7. A person who is justified in threatening or using physical force
29 against another person in defense of themself, another person, or prop-
30 erty pursuant to this section is immune from criminal and civil liabil-
31 ity for any damages incurred by the aggressor pursuant to the applica-
32 tion of reasonable physical force or threatened use of force.
33 § 4. Subdivision 1 of section 120.14 of the penal law, as amended by
34 chapter 222 of the laws of 1994, is amended to read as follows:
35 1. [He or she] Such person intentionally places or attempts to place
36 another person in reasonable fear of physical injury, serious physical
37 injury or death by displaying a deadly weapon, dangerous instrument or
38 what appears to be a pistol, revolver, rifle, shotgun, machine gun or
39 other firearm; provided, however, that where a person is justified in
40 the use of physical force upon another person in self-defense or defense
41 of a third person, or in defense of premises under the provisions of
42 article thirty-five of this chapter, such person shall not be liable
43 under the provisions of this subdivision; or
44 § 5. Section 140.10 of the criminal procedure law is amended by adding
45 a new subdivision 4 to read as follows:
46 4. No person shall be arrested pursuant to this section for a use of
47 force, unless the police officer believes that there is probable cause
48 to find that the use of force was not justifiable under article thirty-
49 five of the penal law.
50 § 6. Section 180.10 of the criminal procedure law is amended by adding
51 a new subdivision 8 to read as follows:
52 8. Upon arraignment, if a defendant offers the defense of justifica-
53 tion to any allegation involving the use of physical force, including
54 deadly physical force, the court shall dismiss the charges unless the
55 court determines by clear and convincing evidence that the use of such
56 physical force by the defendant was not reasonable or justified.
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1 § 7. Rule 3211 of the civil practice law and rules is amended by
2 adding a new subdivision (i) to read as follows:
3 (i) (1) Motion to dismiss; use of force; justification. A party may
4 move to dismiss a cause of action on the basis that the moving party
5 used reasonable force under section 35.15 of the penal law. Upon filing
6 a motion to dismiss, the court shall hold a hearing prior to trial and
7 shall grant such motion unless the party responding to the motion proves
8 by clear and convincing evidence that the use of force was not reason-
9 able or justified.
10 (2) The court shall award reasonable attorney fees, court costs,
11 compensation for any loss of income and all other expenses incurred by a
12 person in defense of any civil action arising from the person's use of
13 reasonable force pursuant to section 35.15 of the penal law if the court
14 finds that the defendant's actions were justified and dismisses the case
15 under this subdivision.
16 § 8. The civil practice law and rules is amended by adding a new
17 section 3012-c to read as follows:
18 § 3012-c. Certificate of merit in certain actions to recover damages
19 for personal injury, injury to property or wrongful death. (a) In any
20 action to recover damages for personal injury, injury to property or
21 wrongful death brought by an individual who committed a crime against
22 the respondent, where the injuries complained of resulted from a use of
23 physical force or deadly physical force by the respondent at the time of
24 the commission of the crime, the complaint shall be accompanied by a
25 certificate, signed by the attorney for the plaintiff, certifying that
26 the attorney has reviewed the facts of the case and that, to the best of
27 such attorney's knowledge, information and belief there is a reasonable
28 basis for the commencement of such action and that the respondent was
29 not justified in the use of physical force or deadly physical force
30 against the plaintiff.
31 (b) Where a certificate is required pursuant to this section, a single
32 certificate shall be filed for each action even if more than one defend-
33 ant has been named in the complaint or is subsequently named.
34 (c) If the attorney for the plaintiff fails to provide the certificate
35 as required by subdivision (a) of this section the court may dismiss the
36 complaint or make such final or conditional order with regard to such
37 failure as is just including but not limited to denial of the accrual of
38 any interest, costs, attorneys' fees and other fees, relating to the
39 underlying mortgage debt. Any such dismissal shall be without prejudice
40 and shall not be on the merits.
41 § 9. This act shall take effect immediately; provided however, that
42 section five of this act shall take effect upon the repeal of subdivi-
43 sion 4 of section 140.10 of the criminal procedure law pursuant to
44 section 59 of chapter 222 of the laws of 1994, as amended.