senate Bill S4389

2011-2012 Legislative Session

Justifies the use of physical force on grounds surrounding a dwelling

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Apr 04, 2011 referred to codes

S4389 - Details

See Assembly Version of this Bill:
A4557
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §35.15, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1671, A3938

S4389 - 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.

S4389 - Sponsor Memo

S4389 - Bill Text download pdf

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

                                  4389

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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.
                                                           LBD06632-01-1

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