Bill Text: NY S00301 | 2017-2018 | General Assembly | Introduced

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Bill Title: Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S00301 Detail]

Download: New_York-2017-S00301-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           301
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  MURPHY, AKSHAR, AMEDORE, FUNKE, GALLIVAN, GOLDEN,
          MARCHIONE, O'MARA, YOUNG -- read twice and ordered printed,  and  when
          printed to be committed to the Committee on Codes
        AN  ACT  to  amend  the  penal  law, in relation to controlled substance
          organizations and operating as a major trafficker
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 18 and 20 of section 220.00 of the penal law,
     2  as added by section 27 of part AAA of chapter 56 of the  laws  of  2009,
     3  are amended to read as follows:
     4    18.  "Controlled  substance  organization"  means [four] three or more
     5  persons sharing a common purpose to engage in conduct  that  constitutes
     6  or advances the commission of a felony under this article.
     7    20.  "Profiteer" means a person who: (a) is a director of a controlled
     8  substance organization; (b) is a member of a controlled substance organ-
     9  ization and has managerial responsibility over one or more other members
    10  of that organization; or (c) arranges, devises  or  plans  one  or  more
    11  transactions  constituting  a  felony under this article so as to obtain
    12  profits or expected profits. [A person is not a profiteer if he  or  she
    13  is  acting only as an employee; or if he or she is acting as an accommo-
    14  dation to a friend or relative; or if he or she is acting only under the
    15  direction and control of others and exercises no substantial,  independ-
    16  ent role in arranging or directing the transactions in question.]
    17    §  2.  Section 220.77 of the penal law, as added by section 29 of part
    18  AAA of chapter 56 of the laws of 2009, is amended to read as follows:
    19  § 220.77 Operating as a major trafficker.
    20    A person is guilty of operating as a major trafficker when:
    21    1. Such person acts as a director of a controlled substance  organiza-
    22  tion  during  any  period  of twelve months or less, during which period
    23  such controlled substance organization  sells  one  or  more  controlled
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02222-01-7
        S. 301                              2
     1  substances,  and  the  proceeds collected or due from such sale or sales
     2  have a total aggregate  value  of  [seventy-five]  twenty-five  thousand
     3  dollars or more; or
     4    2.  As a profiteer, such person knowingly and unlawfully sells, on one
     5  or more occasions within six months or less, a narcotic  drug,  and  the
     6  proceeds collected or due from such sale or sales have a total aggregate
     7  value of [seventy-five] twenty-five thousand dollars or more[.]; or
     8    3.  As a profiteer, such person knowingly and unlawfully possesses, on
     9  one or more occasions within six months or less, a  narcotic  drug  with
    10  intent  to sell the same, and such narcotic drugs have a total aggregate
    11  value of [seventy-five] twenty-five thousand dollars or more.
    12    It shall be an affirmative defense to the charge  of  operating  as  a
    13  major  trafficker that the defendant was under the direction and control
    14  of others and exercised no substantial, independent role in arranging or
    15  directing the transactions in question.
    16    Operating as a major trafficker is a class A-I felony.
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.