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Assembly Bill A5709B

2013-2014 Legislative Session

Establishes the class D felony of criminal fortification of a drug house or the fortification of a building, used for drug trade, to prevent entry by the police

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5709 - Details

See Senate Version of this Bill:
S3407
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A2179, S1546

2013-A5709 - Summary

Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

2013-A5709 - Bill Text download pdf 

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

                                  5709

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to amend the penal law, in relation to establishing the offense
  of criminal fortification of a drug house

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

  Section  1.  Section  220.00 of the penal law is amended by adding two
new subdivisions 21 and 22 to read as follows:
  21. "BUILDING," IN ADDITION TO  ITS  ORDINARY  MEANING,  INCLUDES  ANY
STRUCTURE,  VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF PERSONS,
OR USED BY PERSONS FOR CARRYING ON  BUSINESS  THEREIN,  OR  USED  AS  AN
ELEMENTARY  OR  SECONDARY  SCHOOL,  OR  AN  INCLOSED  MOTOR TRUCK, OR AN
INCLOSED MOTOR TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO  OR  MORE
UNITS  SEPARATELY  SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED BOTH A
SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
  22. "FORTIFIED CONDITION" MEANS THE PRESENCE OF  STEEL  DOORS,  WOODEN
PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
  S  2.  The  penal law is amended by adding two new sections 220.80 and
220.85 to read as follows:
S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
  A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF  A  DRUG  HOUSE  WHEN,
WITH  INTENT  TO  IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT
OFFICERS OR ANOTHER PERSON, HE OR SHE IS  PRESENT  IN  AND/OR  KNOWINGLY
MAINTAINS A BUILDING IN A FORTIFIED CONDITION AND SUCH BUILDING IS BEING
USED  FOR  THE  PURPOSE  OF  MANUFACTURING,  PACKAGING  OR  DISTRIBUTING
CONTROLLED SUBSTANCES OR MARIHUANA.
  CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS C FELONY.
S 220.85 CRIMINAL FORTIFICATION OF A DRUG HOUSE; PRESUMPTION.
  A PERSON WHO IS PRESENT IN AND/OR KNOWINGLY MAINTAINS A BUILDING IN  A
FORTIFIED  CONDITION  IN  WHICH  CONTROLLED  SUBSTANCES OR MARIHUANA ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-02-3

co-Sponsors

multi-Sponsors

2013-A5709A - Details

See Senate Version of this Bill:
S3407
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A2179, S1546

2013-A5709A - Summary

Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

2013-A5709A - Bill Text download pdf 

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

                                 5709--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A. BRINDISI, ROBERTS, BORELLI, MONTESANO, NOJAY,
  GUNTHER, GRAF, LUPINACCI -- Multi-Sponsored by -- M.  of  A.  BARCLAY,
  BRENNAN,  COOK,  DUPREY, McDONALD, MOSLEY, SIMANOWITZ -- read once and
  referred to the Committee on Codes -- recommitted to the Committee  on
  Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to establishing  the  offense
  of criminal fortification of a drug house

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

  Section 1. Section 220.00 of the penal law is amended by adding  three
new subdivisions 21, 22 and 23 to read as follows:
  21.  "BUILDING,"  IN  ADDITION  TO  ITS ORDINARY MEANING, INCLUDES ANY
STRUCTURE, VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF  PERSONS,
OR  USED  BY  PERSONS  FOR  CARRYING  ON BUSINESS THEREIN, OR USED AS AN
ELEMENTARY OR SECONDARY SCHOOL,  OR  AN  INCLOSED  MOTOR  TRUCK,  OR  AN
INCLOSED  MOTOR  TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO OR MORE
UNITS SEPARATELY SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED  BOTH  A
SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
  22.  "FORTIFIED  CONDITION"  MEANS THE PRESENCE OF STEEL DOORS, WOODEN
PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
  23. "DWELLING" MEANS A BUILDING WHICH IS USUALLY OCCUPIED BY A  PERSON
LODGING THEREIN AT NIGHT WHETHER OR NOT IT IS CURRENTLY ABANDONED.
  S  2.  The  penal law is amended by adding two new sections 220.80 and
220.85 to read as follows:
S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
  A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF  A  DRUG  HOUSE  WHEN,
WITH  INTENT  TO  IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT
OFFICERS OR ANOTHER PERSON, HE OR SHE IS  PRESENT  IN  AND/OR  KNOWINGLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-04-4

co-Sponsors

multi-Sponsors

2013-A5709B (ACTIVE) - Details

See Senate Version of this Bill:
S3407
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A2179, S1546

2013-A5709B (ACTIVE) - Summary

Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

2013-A5709B (ACTIVE) - Bill Text download pdf 

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

                                 5709--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A. BRINDISI, ROBERTS, BORELLI, MONTESANO, NOJAY,
  GUNTHER, GRAF, LUPINACCI, CROUCH -- Multi-Sponsored by  --  M.  of  A.
  BARCLAY,  BRENNAN, COOK, DUPREY, McDONALD, MOSLEY, SIMANOWITZ, STEC --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the penal law, in relation to establishing  the  offense
  of criminal fortification of a drug house

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

  Section 1. Section 220.00 of the penal law is amended  by  adding  two
new subdivisions 21 and 22 to read as follows:
  21.  "BUILDING,"  IN  ADDITION  TO  ITS ORDINARY MEANING, INCLUDES ANY
STRUCTURE, VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF  PERSONS,
OR  USED  BY  PERSONS  FOR  CARRYING  ON BUSINESS THEREIN, OR USED AS AN
ELEMENTARY OR SECONDARY SCHOOL,  OR  AN  INCLOSED  MOTOR  TRUCK,  OR  AN
INCLOSED  MOTOR  TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO OR MORE
UNITS SEPARATELY SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED  BOTH  A
SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
  22.  "FORTIFIED  CONDITION"  MEANS THE PRESENCE OF STEEL DOORS, WOODEN
PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
  S 2. The penal law is amended by adding two new  sections  220.80  and
220.85 to read as follows:
S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
  A  PERSON  IS  GUILTY  OF CRIMINAL FORTIFICATION OF A DRUG HOUSE WHEN,
WITH INTENT TO IMPEDE, DETER OR DELAY LAWFUL ENTRY  BY  LAW  ENFORCEMENT
OFFICERS  OR  ANOTHER  PERSON,  HE OR SHE IS PRESENT IN AND/OR KNOWINGLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-07-4

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