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.
STATE OF NEW YORK
________________________________________________________________________
4557
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
___________
Introduced by M. of A. RAIA, KOLB -- Multi-Sponsored by -- M. of A.
CALHOUN, CONTE, CROUCH, FINCH, FITZPATRICK, McDONOUGH -- 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:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
2 section 35.15 of the penal law, as amended by chapter 511 of the laws of
3 2004, is amended to read as follows:
4 (i) in his or her dwelling or on surrounding grounds and not the
5 initial aggressor. Surrounding grounds is defined, for the purposes of
6 this subparagraph, as real property owned by the owner of the dwelling
7 or in any common areas owned by a cooperative or condominium
8 association; or
9 § 2. This act shall take effect on the first of November next succeed-
10 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.
LBD06632-01-1
