S T A T E O F N E W Y O R K
________________________________________________________________________
7700
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. QUINN, GABRYSZAK, MOLINARO, KOLB, WALKER, WEISEN-
BERG, HAWLEY, BARCLAY, RAIA, ERRIGO, McDONOUGH, FINCH -- Multi-Spon-
sored by -- M. of A. BACALLES, CALHOUN, DUPREY, GIGLIO, SALADINO,
SPANO, TOWNSEND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to manufacturing a controlled
substance in the presence of a minor
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 220.61 to
read as follows:
S 220.61 MANUFACTURING CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR.
1. A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY OF MANU-
FACTURING CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR WHEN, IN THE
PRESENCE OF A MINOR, HE OR SHE UNLAWFULLY MANUFACTURES A CONTROLLED
SUBSTANCE EITHER:
(A) DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES; OR
(B) BY MEANS OF CHEMICAL PROCESSES; OR
(C) DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES AND BY MEANS OF
CHEMICAL PROCESSES.
2. FOR PURPOSES OF THIS SECTION, THE TERM "IN THE PRESENCE OF A MINOR"
SHALL MEAN:
(A) WHEN A MINOR IS PHYSICALLY PRESENT DURING THE ACTIVITY;
(B) WHEN THE ACTIVITY IS CONDUCTED IN THE RESIDENCE OF A MINOR;
(C) WHEN THE ACTIVITY IS CONDUCTED IN A BUILDING WHERE MINORS CAN
REASONABLY BE EXPECTED TO BE PRESENT; OR
(D) WHEN THE ACTIVITY IS CONDUCTED IN ANY MULTIPLE DWELLING.
MANUFACTURING CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR 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.
LBD08098-01-9