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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S4389-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Apr 4, 2011: REFERRED TO CODES

S4389-2011 Memo

BILL NUMBER:S4389

TITLE OF BILL:
An act
to amend the penal law, in relation to justification for the use of
physical force

SUMMARY OF PROVISIONS:
This bill amends �35.15 of the Penal Law, authorizing the use of
deadly physical force on the surrounding grounds of one's residence.

JUSTIFICATION:
The Penal Law strictly limits those instances which justify the use of
physical force by non-police personnel. In short, �35.15 of the Penal
Law requires an individual faced with deadly physical assault to
retreat, if a safe retreat exists. A crime victim is permitted to
stand his ground against an assault only if in his own dwelling and
he is not the initial aggressor. A crime victim must make the
split-second decision if a safe retreat does or does not exist.
Clearly, present statute does not favor the crime victim.

Prior to the recodification of the Penal Law (1967), a crime victim
had an absolute right to self-defense. "To avoid the felonious
aggression against his person
a crime victim was justified in standing
his ground and, if necessary, destroying the person making the
felonious assault.
People v. Liquori. 284 NY 309,317 (1940).

The amended version includes common areas of condominiums and
co-operative apartment buildings.

FISCAL IMPLICATIONS:
None.

PRIOR LEGISLATIVE HISTORY:
1995-96: Assembly Codes Cmte.
1997-98: Assembly Codes Cmte.
1999-00: Assembly Codes Cmte.
2001-02: Assembly Codes Cmte.
2003-04: Senate Codes Cmte.
2005-06: Senate Codes Cmte.
2009-10: Senate Codes Cmte.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S4389-2011 Text

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

                                    4389

                         2011-2012 Regular Sessions

                              I N  SENATE

                                April 4, 2011
                                 ___________

  Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
    printed to be committed 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