senate Bill S1749

2013-2014 Legislative Session

Creates the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S1749 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง265.18, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2970
2009-2010: S4648

S1749 - Bill Texts

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Creates the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana.

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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
coordinated task force identified and helped convict some of the
players central to this violence. Nevertheless, street marihuana
sales and activity that jeopardizes the safety of senior citizens and
family neighborhoods continues. These violent actors continue to
impact upstate communities through increased violent activity and
street trafficking. Consequently, the summit has requested a package
of legislative changes to provide additional tools to address these
violent actors involved in street level marihuana sales.

PRIOR LEGISLATIVE HISTORY:
A.11842 of 2001-02: Codes
A.30 of 2003-04: Referred to Codes
A.1639 of 2005-06: Referred to Codes
A.2080 of 2007-08: Held for Consideration

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This bill shall take effect on the first of November next succeeding
the date on which it shall have become law.

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                    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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