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Assembly Bill A5879

2017-2018 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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2017-A5879 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.15, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3938
2011-2012: A4557
2013-2014: A4297
2015-2016: A4518
2019-2020: A5007

2017-A5879 (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.

2017-A5879 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5879
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by  M. of A. RAIA, KOLB, FINCH, MURRAY -- Multi-Sponsored by
   -- M. of A.  BARCLAY, CROUCH, FITZPATRICK, HAWLEY, McDONOUGH, McLAUGH-
   LIN -- 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
   § 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.
                                                            LBD06868-01-7

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