senate Bill S2736

2017-2018 Legislative Session

De-criminalizes the personal possession of marihuana; relates to certain pleas; specifies requirements with respect to bills affecting correctional populations

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Archive: Last Bill Status - In Senate Committee Codes 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
Jan 17, 2017 referred to codes

Co-Sponsors

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S2736 (ACTIVE) - Details

See other versions of this Bill:
S7013
, A667
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§1.05, 221.05 & 221.10, Pen L; amd §§170.56, 440.10 & 160.50, CP L; add §52-a, Leg L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7927
2015-2016: S137
2019-2020: S495

S2736 (ACTIVE) - Summary

De-criminalizes the personal possession of marijuana; relates to certain pleas; specifies requirements with respect to bills affecting correctional populations.

S2736 (ACTIVE) - Sponsor Memo

S2736 (ACTIVE) - Bill Text download pdf


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

                                  2736

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 17, 2017
                               ___________

Introduced  by  Sens.  SQUADRON,  HAMILTON, HOYLMAN, MONTGOMERY, PARKER,
  PERALTA, PERKINS, RIVERA, SERRANO -- 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 de-criminalizing the
  personal possession of marihuana; to amend the criminal procedure law,
  in relation to certain pleas; and to amend  the  legislative  law,  in
  relation  to  specifying  requirements with respect to bills affecting
  the penal law

  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".
  § 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 OR ETHNICI-
TY; 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.
  § 3. Section 221.05 of the penal law, as added by chapter 360  of  the
laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00486-01-7

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