senate Bill S3407B

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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.577
Jan 31, 2014 print number 3407b
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 13, 2013 referred to codes
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1326
committee discharged and committed to rules
Mar 04, 2013 print number 3407a
amend and recommit to codes
Feb 01, 2013 referred to codes

Votes

view votes

May 6, 2014 - Codes committee Vote

S3407B
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 17, 2013 - Rules committee Vote

S3407A
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 12, 2013 - Rules committee Vote

S3407A
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3407 - Details

See Assembly Version of this Bill:
A5709B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L

S3407 - 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.

S3407 - Sponsor Memo

S3407 - Bill Text download pdf

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

                                  3407

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 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.  "DWELLING" MEANS A BUILDING WHICH IS USUALLY OCCUPIED BY A PERSON
OR PERSONS LODGING THEREIN AT NIGHT, WHETHER  OR  NOT  IT  IS  CURRENTLY
ABANDONED.
  23.  "FORTIFIED  CONDITION" MEANS PREVENTING OR IMPEDING ENTRY THROUGH
THE USE OF  STEEL  DOORS,  WOODEN  PLANKING,  CROSS  BARS,  SURVEILLANCE
SYSTEMS, DOGS, OR OTHER SIMILAR MEANS.
  S  2.  The penal law is amended by adding a new section 220.80 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 KNOWINGLY  IS  PRESENT  IN  AND/OR
MAINTAINS  A  BUILDING  OR  DWELLING  IN  A FORTIFIED CONDITION AND SUCH
BUILDING OR DWELLING 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 3. 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

S3407A - Details

See Assembly Version of this Bill:
A5709B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L

S3407A - 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.

S3407A - Sponsor Memo

S3407A - Bill Text download pdf

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

                                 3407--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-03-3

S3407B (ACTIVE) - Details

See Assembly Version of this Bill:
A5709B
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L

S3407B (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.

S3407B (ACTIVE) - Sponsor Memo

S3407B (ACTIVE) - Bill Text download pdf

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

                                 3407--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07128-06-4

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