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.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Montgomery
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
BILL NUMBER:S3407A REVISED 3/4/13
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 220.60 establishes the criminal fortification of a drug house as a class C 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 C 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: None
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of November following enactment.
STATE OF NEW YORK ________________________________________________________________________ 3407--A 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 C FELONY. S 220.85 CRIMINAL FORTIFICATION OF A DRUG HOUSE; PRESUMPTION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07128-03-3 S. 3407--A 2
A PERSON WHO IS PRESENT IN AND/OR KNOWINGLY MAINTAINS A BUILDING IN A FORTIFIED CONDITION IN WHICH CONTROLLED SUBSTANCES OR MARIHUANA ARE PRESENT IS PRESUMED TO INTEND TO IMPEDE, DETER OR DELAY UNLAWFUL ENTRY BY LAW ENFORCEMENT OR ANOTHER PERSON. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.