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

                                          555

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

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

       AN ACT to amend the penal law, in relation to manufacturing a controlled
         substance in the presence of a child

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

    1    Section 1. The penal law is amended by adding a new section 260.12  to
    2  read as follows:
    3  S  260.12  MANUFACTURING  A  CONTROLLED  SUBSTANCE  IN THE PRESENCE OF A
    4             CHILD.
    5    A PERSON IS GUILTY OF MANUFACTURING  A  CONTROLLED  SUBSTANCE  IN  THE
    6  PRESENCE  OF A CHILD WHEN HE OR SHE MANUFACTURES ANY SUBSTANCE LISTED IN
    7  SCHEDULE I, II, III, IV, OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE
    8  PUBLIC HEALTH LAW WHILE A PERSON WHO IS SIXTEEN YEARS OF AGE OR  YOUNGER
    9  IS  IN  THE  PREMISES  WHERE SUCH CONTROLLED SUBSTANCE IS BEING MANUFAC-
   10  TURED.
   11    MANUFACTURING A CONTROLLED SUBSTANCE IN THE PRESENCE OF A CHILD  IS  A
   12  CLASS E FELONY.
   13    S  2.  This  act shall take effect on the ninetieth day after it shall
   14  have become a law.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03459-01-1