Assembly Bill A2179

2015-2016 Legislative Session

Establishes the class D felony of criminal fortification of a drug house or the fortification of a building, used for drug trade, to prevent entry by the police

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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

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2015-A2179 (ACTIVE) - Details

See Senate Version of this Bill:
S1546
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A5709, S3407

2015-A2179 (ACTIVE) - Summary

Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

2015-A2179 (ACTIVE) - Bill Text download pdf 

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

                                  2179

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A. BRINDISI, ROBERTS, BORELLI, MONTESANO, NOJAY,
  GUNTHER, GRAF, LUPINACCI, CROUCH, TENNEY -- Multi-Sponsored by  --  M.
  of  A.  BARCLAY,  BRENNAN,  COOK, DUPREY, McDONALD, McDONOUGH, MOSLEY,
  SCHIMEL, SIMANOWITZ, STEC -- read once and referred to  the  Committee
  on Codes

AN  ACT  to amend the penal law, in relation to establishing the offense
  of criminal fortification of a drug house

  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 two
new subdivisions 21 and 22 to read as follows:
  21. "BUILDING," IN ADDITION TO  ITS  ORDINARY  MEANING,  INCLUDES  ANY
STRUCTURE,  VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF PERSONS,
OR USED BY PERSONS FOR CARRYING ON  BUSINESS  THEREIN,  OR  USED  AS  AN
ELEMENTARY  OR  SECONDARY  SCHOOL,  OR  AN  INCLOSED  MOTOR TRUCK, OR AN
INCLOSED MOTOR TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO  OR  MORE
UNITS  SEPARATELY  SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED BOTH A
SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
  22. "FORTIFIED CONDITION" MEANS THE PRESENCE OF  STEEL  DOORS,  WOODEN
PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
  S  2.  The  penal law is amended by adding two new sections 220.80 and
220.85 to read as follows:
S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
  A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF  A  DRUG  HOUSE  WHEN,
WITH  INTENT  TO  IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT
OFFICERS OR ANOTHER PERSON, HE OR SHE IS  PRESENT  IN  AND/OR  KNOWINGLY
MAINTAINS A BUILDING IN A FORTIFIED CONDITION AND SUCH BUILDING IS BEING
USED  FOR  THE  PURPOSE  OF  MANUFACTURING,  PACKAGING  OR  DISTRIBUTING
CONTROLLED SUBSTANCES OR MARIHUANA.
  CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS D FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03468-01-5

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