senate Bill S7663

2013-2014 Legislative Session

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1152
committee discharged and committed to rules
May 23, 2014 referred to codes

Votes

view votes

Co-Sponsors

view additional co-sponsors

S7663 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง220.00 & 220.77, Pen L

S7663 - Bill Texts

view summary

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

view sponsor memo
BILL NUMBER:S7663

TITLE OF BILL: An act to amend the penal law, in relation to
controlled substance organizations and operating as a major trafficker

PURPOSE: This bill would redefine the crime of operating as a major
trafficker to more accurately reflect the nature of such criminal
enterprise.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 18 of section 220.00 of the penal law to
change the number of persons sharing a common purpose under the
definition of "controlled substance organization" from four to three.

This section also amends subdivision 20 of section 220.00 of the penal
law to remove the exclusion from the definition of "profiteer" one who
acts only as an employee; or acting as an accomplice to a friend or
relative; or acting only under the direction and control of others and
exercises no substantial, independent role in arranging or directing
transactions.

Section 2 amends section 220.77 of the penal law to change the
aggregate value of the proceeds collected or due from sale or sales of
controlled substances by a controlled substance organization for the
purposes of being found guilty of the crime of operating as a major
trafficker, from seventy-five thousand dollars or more, to twenty-five
thousand dollars or more.

This section also creates an affirmative defense to the crime of
operating as a major trafficker if the defendant was under the
direction and control of others and exercised no substantial,
independent role in arranging or directing the transactions in
question.

Section 3 states that this act shall become establishes the effective
date as the ninetieth day after it becomes law.

JUSTIFICATION: Heroin use is an epidemic in our state. Its impact now
touches every aspect of our society regardless of income, education,
gender or community. Upstate and Downstate are suffering from this
scourge. It's ruining peoples' lives and destroying families. The
increasing availability of this drug combined with more powerful
incarnations and its sheer addictiveness has created a public health
and safety crisis of incredible magnitude. This crisis includes the
all too often death of too many New Yorkers. Under current law, major
traffickers of the heroin are able to avoid prosecution for their role
in infecting our communities with the menace of heroin. Current law
makes it too difficult to prove the criminal enterprise that must
exist to convict a major trafficker. This law would more accurately
reflect the nature of the business of major drug dealers in our State
and appropriately hold them accountable.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.


EFFECTIVE DATE: This act shall take effect the ninetieth day after it
shall have become law.

view full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.