assembly Bill A8420A

Signed By Governor
2019-2020 Legislative Session

Relates to vacating records for certain proceedings and modifies the definition of smoking

download bill text pdf

Sponsored By

Current Bill Status Via S6579 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2019 signed chap.131
delivered to governor
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.669
substituted for a8420a
Jun 20, 2019 substituted by s6579a
rules report cal.669
reported
Jun 19, 2019 reported referred to rules
Jun 17, 2019 print number 8420a
Jun 17, 2019 amend and recommit to codes
Jun 16, 2019 referred to codes

A8420 - Details

See Senate Version of this Bill:
S6579
Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L; amd §§1.20, 440.10 & 160.50, CP L; amd §1399-n, Pub Health L

A8420 - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

A8420 - Bill Text download pdf


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

                                  8420

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2019
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to vacating records for certain proceedings; and to amend the
  public health law, in relation to the definition of smoking

  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] FIFTY dollars. [However,  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 previ-
ously 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.]
  § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
laws of 1979 and subdivision 2 as amended by chapter 75 of the  laws  of
1995, is amended to read as follows:
§ 221.10 Criminal possession of marihuana in the fifth degree.
  A  person  is  guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses[:
  1. marihuana in a public place, as defined in section 240.00  of  this
chapter, and such marihuana is burning or open to public view; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13421-02-9

Co-Sponsors

view additional co-sponsors

A8420A (ACTIVE) - Details

See Senate Version of this Bill:
S6579
Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L; amd §§1.20, 440.10 & 160.50, CP L; amd §1399-n, Pub Health L

A8420A (ACTIVE) - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

A8420A (ACTIVE) - Bill Text download pdf


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

                                 8420--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2019
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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  and  the criminal procedure law, in
  relation to vacating records for certain proceedings; and to amend the
  public health law, in relation to the definition of smoking

  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 IN THE SECOND DEGREE.
  A  person  is guilty of unlawful possession of marihuana IN THE SECOND
DEGREE when he knowingly and unlawfully possesses marihuana.
  Unlawful possession of marihuana IN THE SECOND DEGREE is  a  violation
punishable  only by a fine of not more than [one hundred] FIFTY dollars.
[However, where the  defendant  has  previously  been  convicted  of  an
offense  defined in this article or article 220 of this chapter, commit-
ted 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.]
  § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
laws  of  1979 and subdivision 2 as amended by chapter 75 of the laws of
1995, is amended to read as follows:
§ 221.10 [Criminal] UNLAWFUL possession  of  marihuana  in  the  [fifth]
           FIRST degree.
  A  person  is guilty of [criminal] UNLAWFUL possession of marihuana in
the [fifth] FIRST degree when he knowingly and unlawfully possesses[:

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

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