senate Bill S4040

Creates the crime of manufacturing a controlled substance in the presence of a child

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Sponsor

Bill Status


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

  • 05 / Mar / 2013
    • REFERRED TO CODES
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1334
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Creates the crime of manufacturing a controlled substance in the presence of a child; makes such crime a class E felony.

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Bill Details

See Assembly Version of this Bill:
A3484
Versions:
S4040
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.12, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A555, A555
2009-2010: A3761, A3761
2007-2008: A2869, A2869

Sponsor Memo

BILL NUMBER:S4040

TITLE OF BILL: An act to amend the penal law, in relation to
manufacturing a controlled substance in the presence of a child

PURPOSE OR GENERAL IDEA OF BILL:

This bill creates the crime of manufacturing a controlled substance in
the presence of a child.

SUMMARY OF SPECIFIC PROVISIONS:

The penal law is amended by adding a new section 260.12 Manufacturing
a controlled substance in the presence of a child.

JUSTIFICATION:

The growing use and manufacture of the illegal and highly addictive
drug methamphetamine in New York State poses a critical threat to
public health and safety, with children of methamphetamine users being
particularly at risk. In addition to being exposed to toxic
substances, these children are often completely neglected and
sometimes physically or sexually assaulted by their addicted parents,
causing them to develop psychological and emotional problems. These
children usually live in dysfunctional homes where they lack proper
schooling and medical attention. In an effort to better protect these
children, this measure enhances New York's endangering statute by
making it an E felony to manufacture a controlled substance in the
presence of a child.

PRIOR LEGISLATIVE HISTORY:

A.6982/S.4044 of 2005-06
A.2869 of 2007-2008
A.3761 of 2009-10
A.555 of 2011-12

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                  4040

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by  Sen. VALESKY -- 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 manufacturing a controlled
  substance in the presence of a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 260.12 to
read as follows:
S 260.12 MANUFACTURING A CONTROLLED  SUBSTANCE  IN  THE  PRESENCE  OF  A
           CHILD.
  A  PERSON  IS  GUILTY  OF  MANUFACTURING A CONTROLLED SUBSTANCE IN THE
PRESENCE OF A CHILD WHEN HE OR SHE MANUFACTURES ANY SUBSTANCE LISTED  IN
SCHEDULE I, II, III, IV, OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC  HEALTH LAW WHILE A PERSON WHO IS SIXTEEN YEARS OF AGE OR YOUNGER
IS IN THE PREMISES WHERE SUCH CONTROLLED  SUBSTANCE  IS  BEING  MANUFAC-
TURED.
  MANUFACTURING  A  CONTROLLED SUBSTANCE IN THE PRESENCE OF A CHILD IS A
CLASS E FELONY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04112-01-3

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