Bill Text: NY A04557 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4557 (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: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04557 Detail]

Download: New_York-2011-A04557-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4557
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  RAIA, KOLB -- Multi-Sponsored by -- M. of A.
         CALHOUN, CONTE, CROUCH, FINCH, FITZPATRICK, McDONOUGH -- 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.
                                                                  LBD06632-01-1