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Assembly Bill A3938

2009-2010 Legislative Session

Justifies the use of physical force on grounds surrounding a dwelling

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Archive: Last Bill Status - In Assembly Committee

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2009-A3938 (ACTIVE) - Details

See Senate Version of this Bill:
S1671
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง35.15, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4557, S4389
2013-2014: A4297, S1457
2015-2016: A4518, S2081
2017-2018: A5879
2019-2020: A5007

2009-A3938 (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-A3938 (ACTIVE) - Bill Text download pdf 

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

                                  3938

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. RAIA, ALFANO, ERRIGO, KOLB, WALKER -- Multi-Spon-
  sored  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:

  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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