Bill Text: NY S03407 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3407 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 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 three 2 new subdivisions 21, 22 and 23 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. "DWELLING" MEANS A BUILDING WHICH IS USUALLY OCCUPIED BY A PERSON 11 OR PERSONS LODGING THEREIN AT NIGHT, WHETHER OR NOT IT IS CURRENTLY 12 ABANDONED. 13 23. "FORTIFIED CONDITION" MEANS PREVENTING OR IMPEDING ENTRY THROUGH 14 THE USE OF STEEL DOORS, WOODEN PLANKING, CROSS BARS, SURVEILLANCE 15 SYSTEMS, DOGS, OR OTHER SIMILAR MEANS. 16 S 2. The penal law is amended by adding a new section 220.80 to read 17 as follows: 18 S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE. 19 A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF A DRUG HOUSE WHEN, 20 WITH INTENT TO IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT 21 OFFICERS OR ANOTHER PERSON, HE OR SHE KNOWINGLY IS PRESENT IN AND/OR 22 MAINTAINS A BUILDING OR DWELLING IN A FORTIFIED CONDITION AND SUCH 23 BUILDING OR DWELLING IS BEING USED FOR THE PURPOSE OF MANUFACTURING, 24 PACKAGING OR DISTRIBUTING CONTROLLED SUBSTANCES OR MARIHUANA. 25 CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS C FELONY. 26 S 3. This act shall take effect on the first of November next succeed- 27 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. LBD07128-01-3