assembly Bill A10175

2013-2014 Legislative Session

De-criminalizes the personal possession of marihuana; relates to certain pleas; specifies requirements with respect to bills affecting the penal law; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly 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
Aug 20, 2014 referred to codes

A10175 - Details

See Senate Version of this Bill:
S7927
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§1.05, 221.05, 221.10 & 221.40, rpld §221.35, Pen L; amd §§170.56, 210.46, 440.10 & 160.50, CP L; add §52-a, Leg L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6218, S137
2017-2018: A622, A667, S2736, S7013

A10175 - Summary

De-criminalizes the personal possession of marijuana; relates to certain pleas; specifies requirements with respect to bills affecting the penal law; expands the duties of the division of criminal justice services.

A10175 - Bill Text download pdf

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

                                  10175

                          I N  A S S E M B L Y

                             August 20, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Camara) --
  read once and referred to the Committee on Codes

AN ACT to amend the penal  law,  in  relation  to  de-criminalizing  the
  personal possession of marihuana; to amend the criminal procedure law,
  in  relation  to  certain  pleas;  to  amend  the  legislative law, in
  relation to specifying requirements with respect  to  bills  affecting
  the  penal  law;  to amend the executive law, in relation to expanding
  the duties of division of criminal justice  services;  and  to  repeal
  section 221.35 of the penal law relating to criminal sale of marihuana
  in the fifth degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "fairness
and equity act".
  S  2.  Subdivisions 5 and 6 of section 1.05 of the penal law, subdivi-
sion 5 as amended by chapter 612 of the laws of 1982 and  subdivision  6
as  amended  by  chapter  98 of the laws of 2006, are amended to read as
follows:
  5. To  provide  for  an  appropriate  public  response  to  particular
offenses, including consideration of the consequences of the offense for
the victim, including the victim's family, and the community; [and]
  6.  TO  ENSURE  THAT  LAWS  ARE ENFORCED EQUALLY AND FAIRLY AND DO NOT
RESULT IN A DISPARATE IMPACT ON PEOPLE BECAUSE OF THEIR RACE AND ETHNIC-
ITY; AND
  7. To insure  the  public  safety  by  preventing  the  commission  of
offenses  through  the  deterrent influence of the sentences authorized,
the rehabilitation of those convicted, the promotion of their successful
and  productive  reentry  and  reintegration  into  society,  and  their
confinement when required in the interests of public protection.
  S  3.  Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when  he  know-
ingly and unlawfully possesses marihuana.

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

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