S T A T E O F N E W Y O R K
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 -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3407--B 2
CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS D FELONY.
S 220.85 CRIMINAL FORTIFICATION OF A DRUG HOUSE; PRESUMPTION.
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.