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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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-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

2017-S2736 (ACTIVE) - Summary

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

2017-S2736 (ACTIVE) - Sponsor Memo

2017-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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