Senate Bill S7013

2017-2018 Legislative Session

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

download bill text pdf

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-S7013 (ACTIVE) - Details

See Assembly Version of this Bill:
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, A10175
2015-2016: S137, A6218
2019-2020: S495, A2544

2017-S7013 (ACTIVE) - Summary

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

2017-S7013 (ACTIVE) - Sponsor Memo

2017-S7013 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7013
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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.
   A person is guilty of unlawful possession of marihuana when  he  know-
 ingly and unlawfully possesses marihuana AND SUCH MARIHUANA IS BURNING.
   Unlawful  possession  of marihuana is a violation punishable only by a
 fine of not more than one hundred dollars. [However, where the defendant

              

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