S1620-2011 - NY Senate Open Legislation - Relates to creating a hazard

Provides that any person who shall abandon in a public place, any controlled substance or dangerous drug as defined in article 220 or 221 of the penal law, shall be guilty of creating a hazard.

Sponsor: SAMPSON / Co-sponsor(s): AVELLA, SAVINO / Committee: CODES
Law Section: Penal Law / Law: Amd S270.10, Pen L

S1620-2011 Actions

Feb 13, 2012: referred to codes
Feb 13, 2012: DELIVERED TO ASSEMBLY
Feb 13, 2012: PASSED SENATE
Feb 7, 2012: ADVANCED TO THIRD READING
Feb 6, 2012: 2ND REPORT CAL.
Jan 31, 2012: 1ST REPORT CAL.156
Jan 4, 2012: REFERRED TO CODES
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Feb 8, 2011: referred to codes
Feb 8, 2011: DELIVERED TO ASSEMBLY
Feb 8, 2011: PASSED SENATE
Feb 1, 2011: ADVANCED TO THIRD READING
Jan 31, 2011: 2ND REPORT CAL.
Jan 25, 2011: 1ST REPORT CAL.30
Jan 10, 2011: REFERRED TO CODES

S1620-2011 Meetings

Codes: Jan 25, 2011, Codes: Jan 31, 2012

S1620-2011 Calendars

Active List: Feb 8, 2011 , Active List: Feb 13, 2012 , Floor Calendar: Jan 31, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 8, 2011 , Floor Calendar: Feb 13, 2012

S1620-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011

Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Nays (2): O'Mara, Duane

VOTE: FLOOR VOTE: - Feb 8, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (1): Smith

VOTE: COMMITTEE VOTE: - Codes - Jan 31, 2012

Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Parker, Perkins, Espaillat
Ayes W/R (1): Squadron
Nays (1): Duane
Excused (1): Huntley

VOTE: FLOOR VOTE: - Feb 7, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): McDonald

VOTE: FLOOR VOTE: - Feb 13, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): McDonald

S1620-2011 Memo

BILL NUMBER:S1620               REVISED 01/26/2011

TITLE OF BILL:
An act
to amend the penal law, in relation to creating a hazard

PURPOSE OR GENERAL IDEA OF BILL:
To add a new hazard of abandoning a dangerous drug or controlled
substance to penal law 270.10 crime of creating a hazard

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new subsection .3 to penal law section 270.10 that creates the
crime of abandoning a dangerous drug or controlled substance as
defined by penal law article 220 or 221. Defines "abandons" as
"voluntarily discard, leave behind or relinquish his or her interest
in such property as described in this section."

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently. there is no penalty when a drug suspect "tosses" or
discards the controlled substance he or she was carrying. This bill
would make that abandonment in a public place a class B misdemeanor.

JUSTIFICATION:
Drug suspects frequently "toss" narcotics or other controlled
substances during police chases so they are not caught in possession
of the illegal substances. Observant law enforcement officials are
usually able to recover the dropped materials but not in all cases.
These abandoned drugs create a public hazard and present a danger
especially to younger children who may see a container or
plastic-wrapped package as inviting to play with or put in their
mouths. Also, packages of drugs present a danger to pets who may
sniff or eat these harmful substances. In addition, when drugs are
abandoned in bushes, grass, trash bins or other public areas it
forces law enforcement to elevate patrol time to locating the
contraband. This time could be better spent answering calls and
helping the public.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S1620-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1620
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to creating a hazard
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  270.10  of  the  penal law is amended to read as
 follows:

 

S 270.10 Creating a hazard.
 A person is guilty of creating a hazard when:

 1. Having discarded in any place where it might  attract  children,  a
 container  which  has  a compartment of more than one and one-half cubic
 feet capacity and a door or lid which  locks  or  fastens  automatically
 when closed and which cannot easily be opened from the inside, he OR SHE
 fails to remove the door, lid, locking or fastening device; or
 2.  Being  the  owner  or otherwise having possession of property upon
 which an abandoned well or cesspool is located, he OR SHE fails to cover
 the same with suitable protective construction; OR
 3. ABANDONS IN A PUBLIC PLACE ANY CONTROLLED  SUBSTANCE  OR  DANGEROUS
 DRUG  AS  DEFINED  IN  ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED
 TWENTY-ONE OF THIS CHAPTER. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE
 TERM  "ABANDONS"  SHALL  MEAN  TO  VOLUNTARILY  DISCARD, LEAVE BEHIND OR
 RELINQUISH HIS OR HER  INTEREST  IN  SUCH  PROPERTY  DESCRIBED  IN  THIS
 SECTION.
 Creating a hazard is a class B misdemeanor.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05858-01-1

S1620-2011: Relates to creating a hazard