NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5418
SPONSOR: Palmesano TITLE OF BILL:
An act to amend the penal law, in relation to including fires caused by
the manufacture of a controlled substance within the crime of arson in
the first degree
PURPOSE OR GENERAL IDEA OF BILL:
To amend the Arson statute to include individuals who illegally manufac-
ture a controlled substance that results in an explosion or fire damage
to a building or person.
SUMMARY OF PROVISIONS:
Section 2. Adds a new section defining a person as guilty of arson in
the first degree, who while manufacturing or attempting to manufacture a
controlled substance destroys or causes to be burned, in whole or part,
a building or person.
JUSTIFICATION:
Currently the crime of Arson only includes intentional acts. Those who
endeavor to manufacture illegal drugs do so under very dangerous circum-
stances in an uncontrolled environment. This often results in unexpected
and unintentional explosions and fires to the immediate building and
surrounding buildings. However, because these "accidents" are not inten-
tional the perpetrators cannot be charged under existing Arson statutes.
The number of illegal "meth labs" that explode or catch fire due to the
volatile chemicals used in the manufacturing process has become a much
more frequent event. The secretive nature of these operations put inno-
cent people unknowingly at risk; and when an illegal lab does explode or
catch fire can cause personal harm or property damage.
PRIOR LEGISLATIVE HISTORY:
A.4965 - 2022, held for consideration in Codes
A.6305 - 2020, held for consideration in Codes.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
On the sixtieth day after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
5418
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. PALMESANO, TAGUE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to including fires caused by
the manufacture of a controlled substance within the crime of arson in
the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 150.20 of the penal law, as
2 amended by chapter 950 of the laws of 1984, is amended to read as
3 follows:
4 2. A person is guilty of arson in the first degree when, while manu-
5 facturing, attempting to manufacture or endeavoring to manufacture a
6 controlled substance in violation of article two hundred twenty of this
7 chapter, destroys in whole or in part, or causes to be burned or
8 destroyed, or aids, counsels or procures the burning or destruction of
9 any building or contents thereof, inhabited or occupied by one or more
10 persons, whether such building or contents is the property of such
11 person or another, or when, while manufacturing or attempting to manu-
12 facture a controlled substance in violation of article two hundred twen-
13 ty of this chapter, causes a person to be burned, or aids, counsels or
14 procures the burning of a person.
15 3. As used in this section, "incendiary device" means a breakable
16 container designed to explode or produce uncontained combustion upon
17 impact, containing flammable liquid and having a wick or a similar
18 device capable of being ignited; and "controlled substance" shall have
19 the same meaning as set forth in subdivision five of section 220.00 of
20 this chapter.
21 § 2. This act shall take effect on the sixtieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05432-01-3
