|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 07, 2016||referred to rules|
senate Bill S8047
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8047 (ACTIVE) - Details
S8047 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8047 TITLE OF BILL : An act to amend the penal law and the criminal procedure law, in relation to sealing records for certain proceedings PURPOSE : To permit the sealing of certain marijuana-possession convictions under section 221.10 of the Penal Law. SUMMARY OF PROVISIONS : Section 1 of the bill amends section 221.05 of the Penal Law, New York's basic possession of marijuana statute. It provides that a previous conviction under subdivision one of section 221.10 of the penal law shall not result in an increase in the maximum fine for a subsequent conviction under PL § 221.05, the basic marijuana statute. Subdivision one of PL § 221.10 prohibits knowingly and unlawfully possessing in a public place marijuana that is burning or open to public view. Section 2 of the bill adds 221.10 of the Penal Law to the list of offenses included in paragraph (k) of subdivision 3 for which sealing of records is required upon conviction. Further, it prohibits a waiver of sealing as part of a plea agreement.
S8047 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8047 I N S E N A T E June 7, 2016 ___________ Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the criminal procedure law, in relation to sealing records for certain proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of [an offense] A CRIME defined in this article, EXCEPT A CRIME DEFINED IN SECTION 221.10 OF THIS ARTICLE PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES NOT DEMON- STRATE A CONVICTION UNDER SUBDIVISION TWO OF SUCH SECTION 221.10, or article 220 of this chapter, committed within the three years immediate- ly preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprison- ment not in excess of fifteen days or both, if the defendant was previ- ously convicted of two such offenses committed during such period. S 2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal procedure law, as added by chapter 835 of the laws of 1977 and as relet- tered by chapter 192 of the laws of 1980, is amended as follows: (k) (i) The accusatory instrument alleged a violation of article two hundred twenty or section 240.36 of the penal law, prior to the taking effect of article two hundred twenty-one of the penal law, or a violation of article two hundred twenty-one of the penal law; (ii) the sole controlled substance involved is marijuana; AND (iii) the conviction was only for a violation or violations[; and (iv) at least three years have passed since the offense occurred] OF SECTION 221.10 OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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