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Assembly Bill A5007

2019-2020 Legislative Session

Justifies the use of physical force on grounds surrounding a dwelling

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Archive: Last Bill Status - Stricken

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2019-A5007 (ACTIVE) - Details

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
2017-2018: A5879

2019-A5007 (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.

2019-A5007 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5007
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. RAIA, KOLB, FINCH -- Multi-Sponsored by -- M. of
   A. BARCLAY, CROUCH, FITZPATRICK, HAWLEY, McDONOUGH, MORINELLO --  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.
                                                            LBD07959-01-9

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