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Senate Bill S4646

2009-2010 Legislative Session

Creates the crime of aggravated criminal sale of marihuana

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4646 (ACTIVE) - Details

See Assembly Version of this Bill:
A552
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง221.43, Pen L

2009-S4646 (ACTIVE) - Summary

Creates the crime of aggravated criminal sale of marihuana; makes it a class E felony.

2009-S4646 (ACTIVE) - Sponsor Memo

2009-S4646 (ACTIVE) - Bill Text download pdf 

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

                                  4646

                       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  creating  the  crime  of
  aggravated criminal sale of marihuana

  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 221.43  to
read as follows:
S 221.43 AGGRAVATED CRIMINAL SALE OF MARIHUANA.
  A PERSON IS GUILTY OF AGGRAVATED CRIMINAL SALE OF MARIHUANA WHEN HE OR
SHE  STANDS  CONVICTED OF CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE
AS DEFINED IN SECTION 221.35 OF THIS ARTICLE OR CRIMINAL SALE  OF  MARI-
HUANA IN THE FOURTH DEGREE AS DEFINED IN SECTION 221.40 OF THIS ARTICLE,
AND,  WITHIN  THE  PREVIOUS  FIVE YEAR PERIOD, HAS BEEN CONVICTED TWO OR
MORE TIMES, IN SEPARATE CRIMINAL TRANSACTIONS, FOR  WHICH  SENTENCE  WAS
IMPOSED, OF CRIMINAL SALE OF MARIHUANA IN THE FIFTH DEGREE AS DEFINED IN
SECTION  221.35  OF  THIS  ARTICLE  OR CRIMINAL SALE OF MARIHUANA IN THE
FOURTH DEGREE AS DEFINED IN SECTION 221.40 OF THIS ARTICLE.
  AGGRAVATED CRIMINAL SALE OF 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.
                                                           LBD02485-01-9

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