Bill Text: NY A06194 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the crime of manufacturing controlled substance in the presence of minors; defines "in the presence of minors".
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A06194 Detail]
Download: New_York-2011-A06194-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6194 2011-2012 Regular Sessions I N A S S E M B L Y 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 S 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 S 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