Bill Text: NY S03564 | 2017-2018 | General Assembly | Amended

New York Senate Bill 3564 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--A
                               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
        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  a
     7  fine  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 thirty 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  be
    17  punishable  (a)  only by a fine of not more than two hundred dollars, if
    18  the defendant was previously convicted of  one  such  offense  committed
    19  during such period, and (b) by a fine of not more than two hundred fifty
    20  dollars or a term of imprisonment not in excess of fifteen days or both,
    21  if the defendant was previously convicted of two such offenses committed
    22  during  such period] the court shall order payment of a fine of not more
    23  than two hundred dollars. Where a defendant is under the  age  of  eigh-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00632-02-7

        S. 3564--A                          2
     1  teen,  the  court  shall  order  payment  of a fine of not more than two
     2  hundred dollars or an appropriate amount of  community  service  not  to
     3  exceed sixty hours.
     4    3.  Where  the defendant has previously been convicted of two offenses
     5  defined in this article or article two hundred twenty  of this  chapter,
     6  committed  within  the three years immediately preceding such violation,
     7  the court shall order payment of a fine of not  more  than  two  hundred
     8  fifty dollars or a term of imprisonment not in excess of fifteen days.
     9    § 2. This act shall take effect immediately.