STATE OF NEW YORK
________________________________________________________________________
6194
2011-2012 Regular Sessions
IN ASSEMBLY
March 9, 2011
___________
Introduced by M. of A. SMARDZ, FINCH, N. RIVERA, McKEVITT, RAIA, MOLINA-
RO -- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, CONTE, HAWLEY,
McLAUGHLIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to manufacturing a controlled
substance in the presence of a minor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 220.61 to
2 read as follows:
3 § 220.61 Manufacturing controlled substances in the presence of a minor.
4 1. A person who is eighteen years of age or older is guilty of manu-
5 facturing controlled substances in the presence of a minor when, in the
6 presence of a minor, he or she unlawfully manufactures a controlled
7 substance either:
8 (a) directly or by extraction from natural substances; or
9 (b) by means of chemical processes; or
10 (c) directly or by extraction from natural substances and by means of
11 chemical processes.
12 2. For purposes of this section, the term "in the presence of a minor"
13 shall mean:
14 (a) when a minor is physically present during the activity;
15 (b) when the activity is conducted in the residence of a minor; or
16 (c) when the activity is conducted in a building where minors can
17 reasonably be expected to be present.
18 Manufacturing controlled substances in the presence of a minor is a
19 class E felony.
20 § 2. This act shall take effect on the first of November next succeed-
21 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.
LBD09263-01-1
