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