senate Bill S494

2011-2012 Legislative Session

Adds additional objects which a person would be guilty of criminally using drug paraphernalia in the 2nd degree if he or she knowingly possesses or sells such object

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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
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1266
committee discharged and committed to rules
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Votes

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S494 - Bill Details

See Assembly Version of this Bill:
A2027
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง220.50, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S626, A2272

S494 - Bill Texts

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Relates to adding additional objects which a person would be guilty of criminally using drug paraphernalia in the second degree if he or she knowingly possesses or sells such objects.

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BILL NUMBER:S494

TITLE OF BILL:
An act
to amend the penal law, in relation to criminally using drug
paraphernalia in the second degree

PURPOSE:
To make it a crime to knowingly possess or sell drug paraphernalia for
the purpose of using an illegal controlled substance or knowing that
another person intends to use an illegal controlled substance, even
though no trace of a controlled substance exists at the time the drug
paraphernalia is found.

SUMMARY OF PROVISIONS:
Amends Section 220.50 of the penal law by adding a new subdivision to
include within the crime of criminally using drug paraphernalia in
the second degree, a class A misdemeanor, the knowing possession or
sale of objects including, but not limited to: pipes with or without
screens, glass tubing, pipe screens, steel wool, or miniature spoons,
capable for use in ingesting, inhaling or otherwise introducing into
the human body, a controlled substance, possession of which is
unlawful under this chapter, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use the same, unlawfully.

JUSTIFICATION:
Section 220.50 of the Penal Law currently criminalizes items used to
package and prepare controlled substances (e.g., vials, capsules,
scales, balances). The statute recognizes the various means utilized
to retail controlled substances and provides an additional method
whereby those engaged in such illegal activity may be held
accountable even if there is no additional evidence of possession or
sale of a controlled substance at the time the drug paraphernalia is
found. The paraphernalia used to actually take the illegal drug
should be no exception.

Under current law, possessing drug paraphernalia such as a crack pipe
is only illegal if controlled substance residue is found on the item
and is punishable by the crime of criminal possession of a controlled
substance in the seventh degree.

Items such as miniature spoons, glass tubing and steel wool, either
alone or in combination, are commonly used as drug paraphernalia. A
"Rose Tube," sold in many convenience stores and often displayed
brazenly at the front counter, is glass tubing containing a novelty
item such as a miniature rose. Although marketed as a novelty gift
item, it is commonly used as a crack cocaine pipe. Drug users remove
the rose,
insert a piece of wiry sponge or a scouring pad as a filter, and use
it to smoke crack cocaine.

This bill criminalizes the knowing possession or sale of such drug
paraphernalia for the purpose of using an illegal controlled
substance or knowing that another person intends to use an illegal


controlled substance, even though no trace of a controlled substance
exists at the time the drug paraphernalia is found.

Since so-called drug paraphernalia may have legitimate uses and
therefore possession of such items, per se, cannot be made criminal,
the bill defines the crime to include both possession of the
paraphernalia and a culpable mental state which, if proved, precludes
the possibility of innocent possession of the paraphernalia.

LEGISLATIVE HISTORY:
2008 Referred to Codes

FISCAL IMPLICATIONS:
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
________________________________________________________________________

                                   494

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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  criminally  using  drug
  paraphernalia in the second degree

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

  Section 1. Subdivision 3 of section 220.50 of the penal law, as  added
by  chapter  627 of the laws of 1990, is amended and a new subdivision 4
is added to read as follows:
  3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an  intent
to  use,  or  under  circumstances  evincing  knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing,  pack-
aging or dispensing of any narcotic drug or stimulant[.]; OR
  4.  OBJECTS  INCLUDING,  BUT  NOT  LIMITED  TO:  PIPES WITH OR WITHOUT
SCREENS, GLASS TUBING, PIPE SCREENS, STEEL WOOL,  OR  MINIATURE  SPOONS,
CAPABLE FOR USE IN INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE
HUMAN  BODY,  A  CONTROLLED  SUBSTANCE,  POSSESSION OF WHICH IS UNLAWFUL
UNDER THIS CHAPTER, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  USE,  OR
UNDER  CIRCUMSTANCES  EVINCING KNOWLEDGE THAT SOME PERSON INTENDS TO USE
THE SAME, UNLAWFULLY.
  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.
                                                           LBD01980-01-1

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