STATE OF NEW YORK ________________________________________________________________________ 7673 IN SENATE February 6, 2018 ___________ Introduced by Sen. O'MARA -- 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 including fires caused by the manufacture of a controlled substance within the crime of arson in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 150.20 of the penal law, as 2 amended by chapter 950 of the laws of 1984, is amended to read as 3 follows: 4 2. A person is guilty of arson in the first degree when, while manu- 5 facturing, attempting to manufacture or endeavoring to manufacture a 6 controlled substance in violation of article two hundred twenty of this 7 chapter, destroys in whole or in part, or causes to be burned or 8 destroyed, or aids, counsels or procures the burning or destruction of 9 any building or contents thereof, inhabited or occupied by one or more 10 persons, whether such building or contents is the property of such 11 person or another, or when, while manufacturing or attempting to manu- 12 facture a controlled substance in violation of article two hundred twen- 13 ty of this chapter, causes a person to be burned, or aids, counsels or 14 procures the burning of a person. 15 3. As used in this section, "incendiary device" means a breakable 16 container designed to explode or produce uncontained combustion upon 17 impact, containing flammable liquid and having a wick or a similar 18 device capable of being ignited; and "controlled substance" shall have 19 the same meaning as set forth in subdivision five of section 220.00 of 20 this chapter. 21 § 2. This act shall take effect on the sixtieth day after it shall 22 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14458-01-8