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Assembly Bill A5288

2009-2010 Legislative Session

Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties therefor

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Archive: Last Bill Status - In Assembly Committee

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2009-A5288 (ACTIVE) - Details

See Senate Version of this Bill:
S6761
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง220.44-a & 221.56, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5598, S1533
2013-2014: S3375

2009-A5288 (ACTIVE) - Summary

Creates the new offenses of criminal sale of a controlled substance resembling candy and criminal sale of marihuana resembling candy, and provides for penalties therefor.

2009-A5288 (ACTIVE) - Bill Text download pdf 

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

                                  5288

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. MENG, PHEFFER, DelMONTE, GREENE, SPANO -- Multi-
  Sponsored by -- M. of A. WEISENBERG -- read once and referred  to  the
  Committee on Codes

AN  ACT to amend the penal law, in relation creating the new offenses of
  criminal sale of a controlled substance resembling candy and  criminal
  sale of marihuana resembling candy, and providing for penalties there-
  for

  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  two  new  sections
220.44-a and 221.56 to read as follows:
S 220.44-A CRIMINAL SALE OF A CONTROLLED SUBSTANCE RESEMBLING CANDY.
  1.  A  PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A CONTROLLED SUBSTANCE
RESEMBLING CANDY WHEN  HE  OR  SHE  KNOWINGLY  AND  UNLAWFULLY  SELLS  A
CONTROLLED  SUBSTANCE  IN  VIOLATION  OF SECTION 220.31 OF THIS ARTICLE,
AND:
  A. SUCH CONTROLLED SUBSTANCE HAS BEEN DESIGNED, MANUFACTURED, ALTERED,
OR FORMULATED TO TASTE OR SMELL LIKE CANDY; OR
  B. SUCH CONTROLLED SUBSTANCE HAS  BEEN  PACKAGED  AS,  REPRESENTED  OR
MARKETED TO BE, OR OTHERWISE APPEARS TO BE CANDY.
  2.  AS USED IN THIS SECTION, "CANDY" MEANS ANY CANDY, CANDY PRODUCT OR
CONFECTIONARY, INCLUDING, BUT NOT LIMITED TO, HARD CANDY, JELLIES, GUMS,
MARSHMALLOW CANDIES, FONDANT, LICORICE, SPUN CANDY, CHEWING GUM,  SWEET-
ENED LIQUIDS, WATER ICES, AND CANDY COATED POPCORN, NUTS OR FRUIT.
  3.  A.  CRIMINAL  SALE  OF  A CONTROLLED SUBSTANCE RESEMBLING CANDY IN
VIOLATION OF SECTION 220.31 OR 220.34 OF THIS ARTICLE IS A CLASS B FELO-
NY.
  B. CRIMINAL  SALE  OF  A  CONTROLLED  SUBSTANCE  RESEMBLING  CANDY  IN
VIOLATION OF SECTION 220.39 OF THIS ARTICLE IS A CLASS A-II FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05208-01-9

A. 5288                             2

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