Senate Bill S4059

                                BILL NUMBER:S4059

TITLE OF BILL:

An act to amend the penal law, in relation to creating a hazard

PURPOSE OR GENERAL IDEA OF BILL:

To  add  a  new  hazard  of  abandoning  a  dangerous drug or controlled
substance to penal law 270.10 crime of creating a hazard

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new subsection 3 to penal law section  270.10  that  creates  the
crime  of abandoning a dangerous drug or controlled substance as defined
by penal law article 220 or  221.  Defines  "abandons"  as  "voluntarily
discard, leave behind or relinquish his or her interest in such property
as described in this section."

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Currently,  there is no penalty when a drug suspect "tosses" or discards
the controlled substance he or she was carrying. This  bill  would  make
that abandonment in a public place a class B misdemeanor.

JUSTIFICATION:
              

Drug suspects frequently "toss" narcotics or other controlled substances
during police chases so they are not caught in possession of the illegal
substances.  Observant  law  enforcement  officials  are usually able to
recover the dropped materials but not in all  cases.    These  abandoned
drugs  create a public hazard and present a danger especially to younger
children who may see a container or plastic-wrapped package as  inviting
to  play  with or put in their mouths. Also, packages of drugs present a
danger to pets who may sniff or eat these harmful substances.  In  addi-
tion,  when  drugs  are  abandoned in bushes, grass, trash bins or other
public areas it forces law enforcement to elevate patrol time to  locat-
ing  the contraband. This time could be better spent answering calls and
helping the public.

LEGISLATIVE HISTORY:

S.1620 of 2011
01/10/11 REFERRED TO CODES
01/25/11 1ST REPORT CAL.30
01/31/11 2ND REPORT CAL.
02/01/11 ADVANCED TO THIRD READING
02/08/11 PASSED SENATE
02/08/11 DELIVERED TO ASSEMBLY
02/08/11 Referred to Codes
01/04/12 DIED IN ASSEMBLY
01/04/12 RETURNED TO SENATE

01/04/12 REFERRED TO CODES
01/31/12 1ST REPORT CAL. 156
02/06/12 2ND REPORT CAL.
02/07/12 ADVANCED TO THIRD READING
02/13/12 PASSED SENATE
02/13/12 DELIVERED TO ASSEMBLY
02/13/12 REFERRED TO CODES
01/09/13 REFERRED TO CODES
01/08/14 REFERRED TO CODES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This  act shall take effect on the first of November next succeeding the
date on which it shall have become a law.