senate Bill S3407A

Amended

Establishes the class D felony of criminal fortification of a drug house or the fortification of a building, used for drug trade, to prevent entry by the police

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO CODES
  • 04 / Mar / 2013
    • AMEND AND RECOMMIT TO CODES
  • 04 / Mar / 2013
    • PRINT NUMBER 3407A
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1326
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 31 / Jan / 2014
    • PRINT NUMBER 3407B
  • 06 / May / 2014
    • 1ST REPORT CAL.577
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CODES

Summary

Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

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Bill Details

Versions:
S3407
S3407A
S3407B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L

Sponsor Memo

BILL NUMBER:S3407A REVISED 3/4/13

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the offense of criminal fortification of a drug house

PURPOSE: The purpose of this bill is to penalize those who knowingly
maintain a building in a fortified condition that is used to
manufacture, package or distribute controlled substances or marihuana

SUMMARY OF PROVISIONS:

Section 1: Amends Section 220.00 of the penal law by adding two new
subdivisions 21 and 22. "Building" is defined in subdivision 21 to
include any structure, vehicle or watercraft used for overnight
lodging of persons, or used by persons for carrying on business
therein, or used as an elementary or secondary school, or an enclosed
motor truck, or an enclosed motor truck trailer. Where a building
consists of two or more units separately secured or occupied, each
unit shall be deemed both a separate building in itself and a part of
the main building. "Fortified condition" is defined in subdivision 22
as preventing or impeding entry through the use of steel doors, wooden
planking, cross bars, surveillance systems, dogs, or other similar
means.

Section 2 amends the penal law by adding new sections 220.80 and
222.85. Section 220.60 establishes the criminal fortification of a
drug house as a class C felony. A person is guilty of criminal
fortification of a drug house when, with intent to impede, deter or
delay lawful entry by law enforcement officers or another person, he
or she is present in or knowingly maintains a Building in a fortified
condition and such building is being used for the purpose of
manufacturing, packaging or distributing controlled substances or
marihuana. Section 222.85 establishes a presumption that a person
intends to impede, deter or delay lawful entry by law enforcement when
he or she is present in or knowingly maintaining a building in a
fortified condition where controlled substances or marihuana are
present.

JUSTIFICATION: Fortified residences utilized in the distribution of
controlled substances and marihuana are increasingly prevalent. These
buildings not only contribute to the spread of illegal drugs, but led
to community destruction and endanger law enforcement officers.
Barricades include; reinforced doors; brackets on either side of the
door with a two by four across the door; wood bolted into the door and
into the floor with multiple two by fours at a downward angle against
each piece of bolted wood; and door frames that have been reinforced.

Dealers fortify their drug houses to increase their sense of security.
Drug distribution at these locations is conducted through a "pass
thru". This is a hole in the door, or a mail slot. This greatly
reduces the risk of being seen, and enables dealers to conduct
business in an "open market". This level of anonymity allows these
criminals to turn a significant profit.

Barricades also increase security by preventing home invasion
robberies by other criminals, and impeding police from quickly


executing search warrants. Breaching these residences has proven
extremely difficult for law enforcement. Standard wooden doors with a
door knob lock and dead-bolt take approximately 10 seconds to breach,
or three strikes with a battering ram. However, steal doors take up to
20 seconds to breach, or eight ram strikes. Additional devices
increase breach time exponentially.

Police officers are experiencing a number of injuries sustained as a
direct result of breaching fortifications. In some cases, additional
force is needed, requiring the activation of SWAT teams to perform the
breach. Additionally, such buildings are unsafe and attract criminal
activity to our communities.

New York State Penal Law does not currently hold individuals
fortifying drug houses criminally liable for the barricades or
injuries suffered by police officers as a result. This legislation
will establish a Class C felony for anyone present in or knowingly
maintaining a fortified building for the purposes of drug dealing.
This will deter the use of such barricades, and provide a method to
penalize those placing their illegal interests above the safety of the
police and community as a whole.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November following enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3407--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  Section  220.00 of the penal law is amended by adding two
new subdivisions 21 and 22 to read as follows:
  21. "BUILDING," IN ADDITION TO  ITS  ORDINARY  MEANING,  INCLUDES  ANY
STRUCTURE,  VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF PERSONS,
OR USED BY PERSONS FOR CARRYING ON  BUSINESS  THEREIN,  OR  USED  AS  AN
ELEMENTARY  OR  SECONDARY  SCHOOL,  OR  AN  INCLOSED  MOTOR TRUCK, OR AN
INCLOSED MOTOR TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO  OR  MORE
UNITS  SEPARATELY  SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED BOTH A
SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
  22. "FORTIFIED CONDITION" MEANS THE PRESENCE OF  STEEL  DOORS,  WOODEN
PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
  S  2.  The  penal law is amended by adding two new sections 220.80 and
220.85 to read as follows:
S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
  A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF  A  DRUG  HOUSE  WHEN,
WITH  INTENT  TO  IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT
OFFICERS OR ANOTHER PERSON, HE OR SHE IS  PRESENT  IN  AND/OR  KNOWINGLY
MAINTAINS A BUILDING IN A FORTIFIED CONDITION AND SUCH BUILDING IS BEING
USED  FOR  THE  PURPOSE  OF  MANUFACTURING,  PACKAGING  OR  DISTRIBUTING
CONTROLLED SUBSTANCES OR MARIHUANA.
  CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS C FELONY.
S 220.85 CRIMINAL FORTIFICATION OF A DRUG HOUSE; PRESUMPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-03-3

S. 3407--A                          2

  A PERSON WHO IS PRESENT IN AND/OR KNOWINGLY MAINTAINS A BUILDING IN  A
FORTIFIED  CONDITION  IN  WHICH  CONTROLLED  SUBSTANCES OR MARIHUANA ARE
PRESENT IS PRESUMED TO INTEND TO IMPEDE, DETER OR DELAY  UNLAWFUL  ENTRY
BY LAW ENFORCEMENT OR ANOTHER PERSON.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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