Senate Bill S1671

2009-2010 Legislative Session

Justifies the use of physical force on grounds surrounding a dwelling

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1671 (ACTIVE) - Details

See Assembly Version of this Bill:
A3938
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.15, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4389, A4557
2013-2014: S1457, A4297
2015-2016: S2081, A4518
2017-2018: A5879
2019-2020: A5007

2009-S1671 (ACTIVE) - Summary

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.

2009-S1671 (ACTIVE) - Sponsor Memo

2009-S1671 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1671

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 4, 2009
                               ___________

Introduced by Sens. FLANAGAN, MAZIARZ, MORAHAN, SEWARD -- read twice and
  ordered  printed, and when printed to be committed 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:

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  2  of
section 35.15 of the penal law, as amended by chapter 511 of the laws of
2004, is amended to read as follows:
  (i)  in  his  or  her  dwelling  OR ON SURROUNDING GROUNDS and not the
initial aggressor. SURROUNDING GROUNDS IS DEFINED, FOR THE  PURPOSES  OF
THIS  SUBPARAGRAPH,  AS REAL PROPERTY OWNED BY THE OWNER OF THE DWELLING
OR  IN  ANY  COMMON  AREAS  OWNED  BY  A  COOPERATIVE   OR   CONDOMINIUM
ASSOCIATION; or
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD06495-01-9


              

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