Bill Text: NY S04646 | 2009-2010 | General Assembly | Introduced

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Bill Title: Creates the crime of aggravated criminal sale of marihuana; makes it a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04646 Detail]

Download: New_York-2009-S04646-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4646
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  STACHOWSKI  -- 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  creating  the  crime  of
         aggravated criminal sale of marihuana
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 221.43  to
    2  read as follows:
    3  S 221.43 AGGRAVATED CRIMINAL SALE OF MARIHUANA.
    4    A PERSON IS GUILTY OF AGGRAVATED CRIMINAL SALE OF MARIHUANA WHEN HE OR
    5  SHE  STANDS  CONVICTED OF CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE
    6  AS DEFINED IN SECTION 221.35 OF THIS ARTICLE OR CRIMINAL SALE  OF  MARI-
    7  HUANA IN THE FOURTH DEGREE AS DEFINED IN SECTION 221.40 OF THIS ARTICLE,
    8  AND,  WITHIN  THE  PREVIOUS  FIVE YEAR PERIOD, HAS BEEN CONVICTED TWO OR
    9  MORE TIMES, IN SEPARATE CRIMINAL TRANSACTIONS, FOR  WHICH  SENTENCE  WAS
   10  IMPOSED, OF CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE AS DEFINED IN
   11  SECTION  221.35  OF  THIS  ARTICLE  OR CRIMINAL SALE OF MARIHUANA IN THE
   12  FOURTH DEGREE AS DEFINED IN SECTION 221.40 OF THIS ARTICLE.
   13    AGGRAVATED CRIMINAL SALE OF MARIHUANA IS A CLASS E FELONY.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  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.
                                                                  LBD02485-01-9