Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020||
referred to codes
|Jan 30, 2019||
referred to codes
Senate Bill S2856
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S2856 (ACTIVE) - Details
2019-S2856 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2856 SPONSOR: FLANAGAN TITLE OF BILL: An act to amend the penal law, in relation to certain controlled substances offenses PURPOSE: To apply corresponding penalties under the penal law with criminal possessions of synthetic cannabinoids. SUMMARY OF PROVISIONS: Section 1 - Section 1 adds the definition of "knowingly" to section 220.00 of the penal law regarding the possession or sale, or the attempt or conspiracy to possess or sell, a synthetic cannabinoid, synthetic cathinone, or a controlled substance analogue. Sections 2-6 - Sections 2-6 update various sections of the penal law to
2019-S2856 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2856 2019-2020 Regular Sessions I N S E N A T E January 30, 2019 ___________ Introduced by Sen. FLANAGAN -- 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 certain controlled substances offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 220.00 of the penal law is amended by adding a new subdivision 21 to read as follows: 21. "KNOWINGLY" WHEN USED IN CONNECTION WITH THE OFFENSES INVOLVING THE POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL, A SYNTHETIC CANNABINOID, SYNTHETIC CATHINONE, OR A CONTROLLED SUBSTANCE ANALOGUE, SHALL NOT REQUIRE KNOWLEDGE BY THE DEFENDANT OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS SUFFICIENT IF: (A) THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE SUBSTANCE HAS A STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW; OR (B) THE DEFENDANT REPRESENTED OR INTENDED FOR THE SUBSTANCE TO HAVE A STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW. § 2. Subdivision 8 of section 220.06 of the penal law, as added by chapter 264 of the laws of 2003, is amended and a new subdivision 9 is added to read as follows: 8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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