Bill Text: NY A05879 | 2017-2018 | General Assembly | Introduced

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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.

Sponsorship: Partisan Bill (Republican 10)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A05879 Detail]

Download: New_York-2017-A05879-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5879
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2017
                                       ___________
        Introduced  by  M. of A. RAIA, KOLB, FINCH, MURRAY -- Multi-Sponsored by
          -- M. of A.  BARCLAY, CROUCH, FITZPATRICK, HAWLEY, McDONOUGH, McLAUGH-
          LIN -- 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    § 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.
                                                                   LBD06868-01-7