S T A T E O F N E W Y O R K
________________________________________________________________________
4648
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 criminal possession of a
weapon while in unlawful possession of a controlled substance or mari-
huana
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 265.18 to
read as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF
A CONTROLLED SUBSTANCE OR MARIHUANA.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAW-
FUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA WHEN HE OR SHE
PHYSICALLY POSSESSES A WEAPON IN VIOLATION OF SECTION 265.01 OF THIS
ARTICLE WHILE, AT THE SAME TIME, HE OR SHE PHYSICALLY POSSESSES A
CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.03 OR MARIHUANA IN
VIOLATION OF SECTION 221.15 OF THIS CHAPTER.
CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF A
CONTROLLED SUBSTANCE OR MARIHUANA IS A CLASS E FELONY.
S 2. This act shall take effect on the first of November next succeed-
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.
LBD02487-01-9