| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2016 |
referred to codes |
| Jan 21, 2015 |
referred to codes |
Senate Bill S2081
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
co-Sponsors
(R, C, IP) 62nd Senate District
2015-S2081 (ACTIVE) - Details
2015-S2081 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2081
TITLE OF BILL: An act to amend the penal law, in relation to
justification for the use of physical force
SUMMARY OF PROVISIONS: This bill amends § 35.15 of the Penal Law,
authorizing the use of deadly physical force on the surrounding
grounds of one's residence.
JUSTIFICATION: The Penal Law strictly limits those instances which
justify the use of physical force by non-police personnel. In short,
35.15 of the Penal Law requires an individual faced with deadly
physical assault to retreat, if a safe retreat exists. A crime victim
is permitted to stand his ground against an assault only if in his own
dwelling and he is not the initial aggressor. A crime victim must make
the split-second decision if a safe retreat does or does not exist.
Clearly, present statute does not favor the crime victim.
Prior to the recodification of the Penal Law (1967), a crime victim
had an absolute right to self-defense. "To avoid the felonious
aggression against his person a crime victim was justified in standing
his ground and, if necessary, destroying the person making the
felonious assault. (People v. Liguori. 284 NY 309,317 (1940)).
FISCAL IMPLICATIONS: None.
2015-S2081 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2081
2015-2016 Regular Sessions
I N S E N A T E
January 21, 2015
___________
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.
LBD05212-01-5
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