|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S1749
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1749 - Details
S1749 - Summary
Creates the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana.
S1749 - Sponsor Memo
BILL NUMBER:S1749 TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law by adding a new section of law to make criminal the simultaneous possession of weapons and controlled substances or marihuana. SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended by adding a new section (265.1B) defining the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana. This criminal behavior becomes a class B felony. JUSTIFICATION: In December 2001, Rochester Mayor Bill Johnson and Rochester police Chief Bob Duffy convened a community drug summit. The summit was initiated because of the increasing link between homicides and drug activity. While it is commonly believed that cocaine and other controlled substances are the root of violence related drug activity, the Rochester police Department has documented a trail of gun running, violent deaths, and marihuana trafficking. A federal
S1749 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1749 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. ESPAILLAT -- 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 criminal possession of a weapon while in unlawful possession of a controlled substance or mari- huana 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 265.18 to read as follows: S 265.18 CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAW- FUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA WHEN HE OR SHE PHYSICALLY POSSESSES A WEAPON IN VIOLATION OF SECTION 265.01 OF THIS ARTICLE WHILE, AT THE SAME TIME, HE OR SHE PHYSICALLY POSSESSES A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.03 OR MARIHUANA IN VIOLATION OF SECTION 221.15 OF THIS CHAPTER. CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA 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. LBD02995-01-3
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