senate Bill S1620

2011-2012 Legislative Session

Relates to creating a hazard

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to codes
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.156
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 08, 2011 referred to codes
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.30
Jan 10, 2011 referred to codes

Votes

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Jan 31, 2012 - Codes committee Vote

S1620
13
1
committee
13
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 31, 2012

nay (1)
aye wr (1)
excused (1)

Jan 25, 2011 - Codes committee Vote

S1620
14
2
committee
14
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1620 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง270.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S71

S1620 - Bill Texts

view summary

Provides that any person who shall abandon in a public place, any controlled substance or dangerous drug as defined in article 220 or 221 of the penal law, shall be guilty of creating a hazard.

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BILL NUMBER:S1620 REVISED 01/26/2011

TITLE OF BILL:
An act
to amend the penal law, in relation to creating a hazard

PURPOSE OR GENERAL IDEA OF BILL:
To add a new hazard of abandoning a dangerous drug or controlled
substance to penal law 270.10 crime of creating a hazard

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new subsection .3 to penal law section 270.10 that creates the
crime of abandoning a dangerous drug or controlled substance as
defined by penal law article 220 or 221. Defines "abandons" as
"voluntarily discard, leave behind or relinquish his or her interest
in such property as described in this section."

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently. there is no penalty when a drug suspect "tosses" or
discards the controlled substance he or she was carrying. This bill
would make that abandonment in a public place a class B misdemeanor.

JUSTIFICATION:
Drug suspects frequently "toss" narcotics or other controlled
substances during police chases so they are not caught in possession
of the illegal substances. Observant law enforcement officials are
usually able to recover the dropped materials but not in all cases.
These abandoned drugs create a public hazard and present a danger
especially to younger children who may see a container or
plastic-wrapped package as inviting to play with or put in their
mouths. Also, packages of drugs present a danger to pets who may
sniff or eat these harmful substances. In addition, when drugs are
abandoned in bushes, grass, trash bins or other public areas it
forces law enforcement to elevate patrol time to locating the
contraband. This time could be better spent answering calls and
helping the public.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  1620

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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 a hazard

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

  Section  1.  Section  270.10  of  the  penal law is amended to read as
follows:
S 270.10 Creating a hazard.
  A person is guilty of creating a hazard when:
  1. Having discarded in any place where it might  attract  children,  a
container  which  has  a compartment of more than one and one-half cubic
feet capacity and a door or lid which  locks  or  fastens  automatically
when closed and which cannot easily be opened from the inside, he OR SHE
fails to remove the door, lid, locking or fastening device; or
  2.  Being  the  owner  or otherwise having possession of property upon
which an abandoned well or cesspool is located, he OR SHE fails to cover
the same with suitable protective construction; OR
  3. ABANDONS IN A PUBLIC PLACE ANY CONTROLLED  SUBSTANCE  OR  DANGEROUS
DRUG  AS  DEFINED  IN  ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED
TWENTY-ONE OF THIS CHAPTER. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE
TERM  "ABANDONS"  SHALL  MEAN  TO  VOLUNTARILY  DISCARD, LEAVE BEHIND OR
RELINQUISH HIS OR HER  INTEREST  IN  SUCH  PROPERTY  DESCRIBED  IN  THIS
SECTION.
  Creating a hazard is a class B misdemeanor.
  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.
                                                           LBD05858-01-1

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