senate Bill S6579A

Signed By Governor
2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - 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
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1839
Jun 17, 2019 print number 6579a
Jun 17, 2019 amend and recommit to rules
Jun 16, 2019 referred to rules

Co-Sponsors

S6579 - Details

See Assembly Version of this Bill:
A8420
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

S6579 - Summary

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

S6579 - Sponsor Memo

S6579 - Bill Text download pdf


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

                                  6579

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

S6579A (ACTIVE) - Details

See Assembly Version of this Bill:
A8420
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

S6579A (ACTIVE) - Summary

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

S6579A (ACTIVE) - Sponsor Memo

S6579A (ACTIVE) - Bill Text download pdf


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

                                 6579--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Rules -- 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[:
  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

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