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Senate Bill S1582

2019-2020 Legislative Session

Relates to unlawful possession of marihuana

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S1582 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S3564

2019-S1582 (ACTIVE) - Summary

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

2019-S1582 (ACTIVE) - Sponsor Memo

2019-S1582 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1582
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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 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
 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.
                                                            LBD07054-01-9

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