Bill Text: NY S03564 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S03564 Detail]
Download: New_York-2017-S03564-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3564--B 2017-2018 Regular Sessions IN SENATE January 24, 2017 ___________ Introduced by Sen. GALLIVAN -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to unlawful possession of marihuana The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 221.05 of the penal law, as added by chapter 360 of 2 the laws of 1977, is amended to read as follows: 3 § 221.05 Unlawful possession of marihuana. 4 A person is guilty of unlawful possession of marihuana when he know- 5 ingly and unlawfully possesses marihuana. 6 Unlawful possession of marihuana is a violation [punishable only by a7fine of not more than one hundred dollars. However, where] and shall be 8 sentenced in accordance with the following: 9 1. For a first violation, the court shall order payment of a fine of 10 not more than one hundred dollars. Where a defendant is under the age of 11 eighteen, the court shall order payment of a fine of not more than one 12 hundred dollars or an appropriate amount of community service not to 13 exceed twenty hours. 14 2. Where the defendant has previously been convicted of an offense 15 defined in this article or article 220 of this chapter, committed within 16 the three years immediately preceding such violation, [it shall be17punishable (a) only by a fine of not more than two hundred dollars, if18the defendant was previously convicted of one such offense committed19during such period, and (b) by a fine of not more than two hundred fifty20dollars or a term of imprisonment not in excess of fifteen days or both,21if the defendant was previously convicted of two such offenses committed22during such period] the court shall order payment of a fine of not more EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00632-03-7S. 3564--B 2 1 than two hundred dollars. Where a defendant is under the age of eigh- 2 teen, the court shall order payment of a fine of not more than two 3 hundred dollars or an appropriate amount of community service not to 4 exceed forty hours. 5 3. Where the defendant has previously been convicted of two offenses 6 defined in this article or article two hundred twenty of this chapter, 7 committed within the three years immediately preceding such violation, 8 the court shall order payment of a fine of not more than two hundred 9 fifty dollars or a term of imprisonment not in excess of fifteen days. 10 § 2. This act shall take effect immediately.