S03407 Summary:

BILL NOS03407B
 
SAME ASSAME AS A05709-B
 
SPONSORKLEIN
 
COSPNSR
 
MLTSPNSR
 
Amd S220.00, add SS220.80 & 220.85, Pen L
 
Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.
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S03407 Actions:

BILL NOS03407B
 
02/01/2013REFERRED TO CODES
03/04/2013AMEND AND RECOMMIT TO CODES
03/04/2013PRINT NUMBER 3407A
06/12/2013COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2013ORDERED TO THIRD READING CAL.1326
06/13/2013PASSED SENATE
06/13/2013DELIVERED TO ASSEMBLY
06/13/2013referred to codes
01/08/2014died in assembly
01/08/2014returned to senate
01/08/2014REFERRED TO CODES
01/31/2014AMEND AND RECOMMIT TO CODES
01/31/2014PRINT NUMBER 3407B
05/06/20141ST REPORT CAL.577
05/07/20142ND REPORT CAL.
05/12/2014ADVANCED TO THIRD READING
06/09/2014PASSED SENATE
06/09/2014DELIVERED TO ASSEMBLY
06/09/2014referred to codes
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S03407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3407--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2013
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said committee -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,

          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the penal law, in relation to establishing  the  offense
          of criminal fortification of a drug house
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 220.00 of the penal law is amended  by  adding  two
     2  new subdivisions 21 and 22 to read as follows:
     3    21.  "Building,"  in  addition  to  its ordinary meaning, includes any
     4  structure, vehicle or watercraft used for overnight lodging of  persons,
     5  or  used  by  persons  for  carrying  on business therein, or used as an
     6  elementary or secondary school,  or  an  inclosed  motor  truck,  or  an
     7  inclosed  motor  truck trailer. Where a building consists of two or more

     8  units separately secured or occupied, each unit shall be deemed  both  a
     9  separate building in itself and a part of the main building.
    10    22.  "Fortified  condition"  means the presence of steel doors, wooden
    11  planking, cross bars, surveillance systems, dogs, or other similar means
    12  which tend to prevent or impede entry to a building.
    13    § 2. The penal law is amended by adding two new  sections  220.80  and
    14  220.85 to read as follows:
    15  § 220.80 Criminal fortification of a drug house.
    16    A  person  is  guilty  of criminal fortification of a drug house when,
    17  with intent to impede, deter or delay lawful entry  by  law  enforcement
    18  officers  or  another  person,  he or she is present in and/or knowingly

    19  maintains a building in a fortified condition and such building is being
    20  used  for  the  purpose  of  manufacturing,  packaging  or  distributing
    21  controlled substances or marihuana.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07128-06-4

        S. 3407--B                          2
 
     1    Criminal fortification of a drug house is a class D felony.
     2  § 220.85 Criminal fortification of a drug house; presumption.
     3    A  person who is present in and/or knowingly maintains a building in a
     4  fortified condition in which  controlled  substances  or  marihuana  are

     5  present  is  presumed to intend to impede, deter or delay unlawful entry
     6  by law enforcement or another person.
     7    § 3. This act shall take effect on the first of November next succeed-
     8  ing the date on which it shall have become a law.
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