Bill Text: NY A05007 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 19-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05007 Detail]

Download: New_York-2019-A05007-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5007
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     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.
                                                                   LBD07959-01-9