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Assembly Bill A4297

2013-2014 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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2013-A4297 (ACTIVE) - Details

See Senate Version of this Bill:
S1457
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง35.15, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3938, S1671
2011-2012: A4557, S4389
2015-2016: A4518, S2081
2017-2018: A5879
2019-2020: A5007

2013-A4297 (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.

2013-A4297 (ACTIVE) - Bill Text download pdf 

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

                                  4297

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  RAIA, KOLB -- Multi-Sponsored by -- M. of A.
  CROUCH, FINCH, FITZPATRICK,  HAWLEY,  JORDAN,  McDONOUGH,  McLAUGHLIN,
  SALADINO,  STEVENSON  --  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.
                                                           LBD05142-01-3

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