BILL NUMBER:S1546

TITLE OF BILL:

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

PURPOSE:

The purpose of this bill is to penalize those who knowingly maintain a
building in a fortified condition that is used to manufacture, package
or distribute controlled substances or marihuana

SUMMARY OF PROVISIONS:

Section 1: Amends Section 220.00 of the penal law by adding two new
subdivisions 21 and 22. "Building" is defined in subdivision 21 to
include 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 enclosed
motor truck, or an enclosed 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. "Fortified condition" is defined in subdivision 22
as preventing or impeding entry through the use of steel doors, wooden
planking, cross bars, surveillance systems, dogs, or other similar
              

means.

Section 2: Amends the penal law by adding new sections 220.80 and
222.85. Section 220.80 establishes the criminal fortification of a
drug house as a class D felony. 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 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. Section 222.85 establishes a presumption that a person
intends to impede, deter or delay lawful entry by law enforcement when
he or she is present in or knowingly maintaining a building in a
fortified condition where controlled substances or marihuana are
present.

JUSTIFICATION:

Fortified residences utilized in the distribution of controlled
substances and marihuana are increasingly prevalent. These buildings
not only contribute to the spread of illegal drugs, but led to
community destruction and endanger law enforcement officers.
Barricades include; reinforced doors; brackets on either side of the
door with a two by four across the door; wood bolted into the door and
into the floor with multiple two by fours at a downward angle against
each piece of bolted wood; and door frames that have been reinforced.

Dealers fortify their drug houses to increase their sense of security.
Drug distribution at these locations is conducted through a "pass
thru". This is a hole in the door, or a mail slot. This greatly
reduces the risk of being seen, and enables dealers to conduct


business in an "open market". This level of anonymity allows these
criminals to turn a significant profit.

Barricades also increase security by preventing home invasion
robberies by other criminals, and impeding police from quickly
executing search warrants. Breaching these residences has proven
extremely difficult for law enforcement. Standard wooden doors with a
door knob lock and dead-bolt take approximately 10 seconds to breach,
or three strikes with a battering ram. However, steal doors take up to
20 seconds to breach, or eight ram strikes. Additional devices
increase breach time exponentially.

Police officers are experiencing a number of injuries sustained as a
direct result of breaching fortifications. In some cases, additional
force is needed, requiring the activation of SWAT teams to perform the
breach. Additionally, such buildings are unsafe and attract criminal
activity to our communities.

New York State Penal Law does not currently hold individuals
fortifying drug houses criminally liable for the barricades or
injuries suffered by police officers as a result. This legislation
will establish a Class D felony for anyone present in or knowingly
maintaining a fortified building for the purposes of drug dealing.
This will deter the use of such barricades, and provide a method to
penalize those placing their illegal interests above the safety of the
police and community as a whole.

LEGISLATIVE HISTORY:

2014 - S. 3407 - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November following enactment.