Bill S1749-2013

Creates the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana

Creates the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1749

TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana

PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law by adding a new section of law to make criminal the simultaneous possession of weapons and controlled substances or marihuana.

SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended by adding a new section (265.1B) defining the crime of criminal possession of a weapon while in unlawful possession of a controlled substance or marihuana. This criminal behavior becomes a class B felony.

JUSTIFICATION: In December 2001, Rochester Mayor Bill Johnson and Rochester police Chief Bob Duffy convened a community drug summit. The summit was initiated because of the increasing link between homicides and drug activity. While it is commonly believed that cocaine and other controlled substances are the root of violence related drug activity, the Rochester police Department has documented a trail of gun running, violent deaths, and marihuana trafficking. A federal coordinated task force identified and helped convict some of the players central to this violence. Nevertheless, street marihuana sales and activity that jeopardizes the safety of senior citizens and family neighborhoods continues. These violent actors continue to impact upstate communities through increased violent activity and street trafficking. Consequently, the summit has requested a package of legislative changes to provide additional tools to address these violent actors involved in street level marihuana sales.

PRIOR LEGISLATIVE HISTORY: A.11842 of 2001-02: Codes A.30 of 2003-04: Referred to Codes A.1639 of 2005-06: Referred to Codes A.2080 of 2007-08: Held for Consideration

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 1749 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ESPAILLAT -- 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 criminal possession of a weapon while in unlawful possession of a controlled substance or mari- huana THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 265.18 to read as follows: S 265.18 CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA. A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAW- FUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA WHEN HE OR SHE PHYSICALLY POSSESSES A WEAPON IN VIOLATION OF SECTION 265.01 OF THIS ARTICLE WHILE, AT THE SAME TIME, HE OR SHE PHYSICALLY POSSESSES A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.03 OR MARIHUANA IN VIOLATION OF SECTION 221.15 OF THIS CHAPTER. CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA IS A CLASS E FELONY. 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.

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