Bill Text: NY S03407 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-09 - referred to codes [S03407 Detail]

Download: New_York-2013-S03407-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3407--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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    S 2. The penal law is amended by adding two new  sections  220.80  and
   14  220.85 to read as follows:
   15  S 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  S 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    S 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.