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History
- Referred to codes
- Referred to codes
Companion bill
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Justifies the use of physical force on grounds surrounding a dwelling
In Assembly Committee · Codes · Sponsor Andrew Raia
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.