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.

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A4557-2011 Actions

• Jan 4, 2012: referred to codes
• May 24, 2011: held for consideration in codes
• Feb 4, 2011: referred to codes

A4557-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4557

                         2011-2012 Regular Sessions

                            I N  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:


    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.
                                                             LBD06632-01-1