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Assembly Bill A3529

2013-2014 Legislative Session

Creates the crime of manufacturing a controlled substance in the presence of minors

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Archive: Last Bill Status - In Assembly Committee

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2013-A3529 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.61, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7700
2011-2012: A6194

2013-A3529 (ACTIVE) - Summary

Creates the crime of manufacturing controlled substance in the presence of minors; defines "in the presence of minors".

2013-A3529 (ACTIVE) - Bill Text download pdf 

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

                                  3529

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to manufacturing a controlled
  substance in the presence of a minor

  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 220.61 to
read as follows:
S 220.61 MANUFACTURING CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR.
  1. A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY  OF  MANU-
FACTURING  CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR WHEN, IN THE
PRESENCE OF A MINOR, HE OR  SHE  UNLAWFULLY  MANUFACTURES  A  CONTROLLED
SUBSTANCE EITHER:
  (A) DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES; OR
  (B) BY MEANS OF CHEMICAL PROCESSES; OR
  (C)  DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES AND BY MEANS OF
CHEMICAL PROCESSES.
  2. FOR PURPOSES OF THIS SECTION, THE TERM "IN THE PRESENCE OF A MINOR"
SHALL MEAN:
  (A) WHEN A MINOR IS PHYSICALLY PRESENT DURING THE ACTIVITY;
  (B) WHEN THE ACTIVITY IS CONDUCTED IN THE RESIDENCE OF A MINOR; OR
  (C) WHEN THE ACTIVITY IS CONDUCTED IN  A  BUILDING  WHERE  MINORS  CAN
REASONABLY BE EXPECTED TO BE PRESENT.
  MANUFACTURING  CONTROLLED  SUBSTANCES  IN THE PRESENCE OF A MINOR 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.
                                                           LBD05827-01-3

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