assembly Bill A5218

2019-2020 Legislative Session

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

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Sponsored By

Current Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2020 enacting clause stricken
Feb 07, 2019 referred to codes

Co-Sponsors

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A5218 (ACTIVE) - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§220.00 & 220.77, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8283
2017-2018: A3474

A5218 (ACTIVE) - Summary

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

A5218 (ACTIVE) - Bill Text download pdf


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

                                  5218

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2019
                               ___________

Introduced  by  M.  of A. RAIA, FRIEND, PALMESANO, BLANKENBUSH -- Multi-
  Sponsored by -- M. of A. MORINELLO -- read once and  referred  to  the
  Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to controlled substance
  organizations and operating as a major trafficker

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 18 and 20 of section 220.00 of the penal law,
as added by section 27 of part AAA of chapter 56 of the  laws  of  2009,
are amended to read as follows:
  18.  "Controlled  substance  organization"  means [four] THREE or more
persons sharing a common purpose to engage in conduct  that  constitutes
or advances the commission of a felony under this article.
  20.  "Profiteer" means a person who: (a) is a director of a controlled
substance organization; (b) is a member of a controlled substance organ-
ization and has managerial responsibility over one or more other members
of that organization; or (c) arranges, devises  or  plans  one  or  more
transactions  constituting  a  felony under this article so as to obtain
profits or expected profits. [A person is not a profiteer if he  or  she
is  acting only as an employee; or if he or she is acting as an accommo-
dation to a friend or relative; or if he or she is acting only under the
direction and control of others and exercises no substantial,  independ-
ent role in arranging or directing the transactions in question.]
  §  2.  Section 220.77 of the penal law, as added by section 29 of part
AAA of chapter 56 of the laws of 2009, is amended to read as follows:
§ 220.77 Operating as a major trafficker.
  A person is guilty of operating as a major trafficker when:
  1. Such person acts as a director of a controlled substance  organiza-
tion  during  any  period  of twelve months or less, during which period
such controlled substance organization  sells  one  or  more  controlled
substances,  and  the  proceeds collected or due from such sale or sales

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