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Senate Bill S3564A

2017-2018 Legislative Session

Relates to unlawful possession of marihuana

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2017-S3564 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1582

2017-S3564 - Summary

Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.

2017-S3564 - Sponsor Memo

2017-S3564 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3564
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  unlawful  possession  of
   marihuana
 
   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:
 § 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] AND SHALL  BE
 SENTENCED IN ACCORDANCE WITH THE FOLLOWING:
   1.  FOR  A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE AGE OF
 EIGHTEEN, THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE  THAN  ONE
 HUNDRED  DOLLARS  OR  AN  APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO
 EXCEED THIRTY HOURS.
   2. WHERE the defendant has previously been  convicted  of  an  offense
 defined in this article or article 220 of this chapter, committed within
 the  three  years  immediately  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 imprisonment not in excess of fifteen days or both,
 if the defendant was previously convicted of two such offenses committed
 during such period] THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT  MORE
 THAN  TWO  HUNDRED  DOLLARS. WHERE A DEFENDANT IS UNDER THE AGE OF EIGH-
 TEEN, THE COURT SHALL ORDER PAYMENT OF A  FINE  OF  NOT  MORE  THAN  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00632-01-7

2017-S3564A - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1582

2017-S3564A - Summary

Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.

2017-S3564A - Sponsor Memo

2017-S3564A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3564--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the penal law, in relation to unlawful possession of
   marihuana

   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:
 § 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] AND SHALL BE
 SENTENCED IN ACCORDANCE WITH THE FOLLOWING:
   1. FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A  FINE  OF
 NOT MORE THAN ONE HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE AGE OF
 EIGHTEEN,  THE  COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE THAN ONE
 HUNDRED DOLLARS OR AN APPROPRIATE AMOUNT OF  COMMUNITY  SERVICE  NOT  TO
 EXCEED THIRTY HOURS.
   2.  WHERE  the  defendant  has previously been convicted of an offense
 defined in this article or article 220 of this chapter, committed within
 the three years immediately  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 imprisonment not in excess of fifteen days or both,
 if the defendant was previously convicted of two such offenses committed
 during  such period] THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE
 THAN TWO HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE  AGE  OF  EIGH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-S3564B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1582

2017-S3564B (ACTIVE) - Summary

Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.

2017-S3564B (ACTIVE) - Sponsor Memo

2017-S3564B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3564--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the penal law, in relation  to  unlawful  possession  of
   marihuana
 
   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:
 § 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] AND SHALL  BE
 SENTENCED IN ACCORDANCE WITH THE FOLLOWING:
   1.  FOR  A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE AGE OF
 EIGHTEEN, THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE  THAN  ONE
 HUNDRED  DOLLARS  OR  AN  APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO
 EXCEED TWENTY HOURS.
   2. WHERE the defendant has previously been  convicted  of  an  offense
 defined in this article or article 220 of this chapter, committed within
 the  three  years  immediately  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 imprisonment not in excess of fifteen days or both,
 if the defendant was previously convicted of two such offenses committed
 during such period] THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT  MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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