S T A T E O F N E W Y O R K
________________________________________________________________________
7663
I N S E N A T E
May 23, 2014
___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE,
MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO,
SEWARD, VALESKY, YOUNG -- 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 controlled substance
organizations and operating as a major trafficker
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 18 and 20 of section 220.00 of the penal law,
as added by section 27 of part AAA of chapter 56 of the laws of 2009,
are amended to read as follows:
18. "Controlled substance organization" means [four] THREE or more
persons sharing a common purpose to engage in conduct that constitutes
or advances the commission of a felony under this article.
20. "Profiteer" means a person who: (a) is a director of a controlled
substance organization; (b) is a member of a controlled substance organ-
ization and has managerial responsibility over one or more other members
of that organization; or (c) arranges, devises or plans one or more
transactions constituting a felony under this article so as to obtain
profits or expected profits. [A person is not a profiteer if he or she
is acting only as an employee; or if he or she is acting as an accommo-
dation to a friend or relative; or if he or she is acting only under the
direction and control of others and exercises no substantial, independ-
ent role in arranging or directing the transactions in question.]
S 2. Section 220.77 of the penal law, as added by section 29 of part
AAA of chapter 56 of the laws of 2009, is amended to read as follows:
S 220.77 Operating as a major trafficker.
A person is guilty of operating as a major trafficker when:
1. Such person acts as a director of a controlled substance organiza-
tion during any period of twelve months or less, during which period
such controlled substance organization sells one or more controlled
substances, and the proceeds collected or due from such sale or sales
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD15369-02-4
S. 7663 2
have a total aggregate value of [seventy-five] TWENTY-FIVE thousand
dollars or more; or
2. As a profiteer, such person knowingly and unlawfully sells, on one
or more occasions within six months or less, a narcotic drug, and the
proceeds collected or due from such sale or sales have a total aggregate
value of [seventy-five] TWENTY-FIVE thousand dollars or more.
3. As a profiteer, such person knowingly and unlawfully possesses, on
one or more occasions within six months or less, a narcotic drug with
intent to sell the same, and such narcotic drugs have a total aggregate
value of [seventy-five] TWENTY-FIVE thousand dollars or more.
4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CHARGE OF OPERATING AS A
MAJOR TRAFFICKER THAT THE DEFENDANT WAS UNDER THE DIRECTION AND CONTROL
OF OTHERS AND EXERCISED NO SUBSTANTIAL, INDEPENDENT ROLE IN ARRANGING OR
DIRECTING THE TRANSACTIONS IN QUESTION.
Operating as a major trafficker is a class A-I felony.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
