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Assembly Bill A4518

2015-2016 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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2015-A4518 (ACTIVE) - Details

See Senate Version of this Bill:
S2081
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
2013-2014: A4297, S1457
2017-2018: A5879
2019-2020: A5007

2015-A4518 (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.

2015-A4518 (ACTIVE) - Bill Text download pdf 

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

                                  4518

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by M. of A. RAIA, KOLB, BORELLI, FINCH -- Multi-Sponsored by
  -- M. of A. BARCLAY, CROUCH, FITZPATRICK, HAWLEY, McDONOUGH,  McLAUGH-
  LIN, SALADINO -- 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.
                                                           LBD05212-01-5

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