Bill Text: NY A04518 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 4518 (Prior Session Legislation)

Introduced

Bill Title: Expands instances when a person may use physical force to protect his or her dwelling to include areas surrounding such dwelling; includes common areas owned by a cooperative or condo association.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04518 Detail]

Download: New_York-2015-A04518-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4518
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2015
                                      ___________
       Introduced  by M. of A. RAIA, KOLB, BORELLI, FINCH -- Multi-Sponsored by
         -- M. of A. BARCLAY, CROUCH, FITZPATRICK, HAWLEY, McDONOUGH,  McLAUGH-
         LIN, SALADINO -- read once and referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to justification for the 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.  Subparagraph  (i)  of  paragraph  (a) of subdivision 2 of
    2  section 35.15 of the penal law, as amended by chapter 511 of the laws of
    3  2004, is amended to read as follows:
    4    (i) in his or her dwelling OR  ON  SURROUNDING  GROUNDS  and  not  the
    5  initial  aggressor.  SURROUNDING GROUNDS IS DEFINED, FOR THE PURPOSES OF
    6  THIS SUBPARAGRAPH, AS REAL PROPERTY OWNED BY THE OWNER OF  THE  DWELLING
    7  OR   IN   ANY  COMMON  AREAS  OWNED  BY  A  COOPERATIVE  OR  CONDOMINIUM
    8  ASSOCIATION; or
    9    S 2. This act shall take effect on the first of November next succeed-
   10  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05212-01-5