Bill S4040-2013

Creates the crime of manufacturing a controlled substance in the presence of a child

Creates the crime of manufacturing a controlled substance in the presence of a child; makes such crime a class E felony.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jun 21, 2013: RECOMMITTED TO RULES
  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1334
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 5, 2013: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S4040

TITLE OF BILL: An act to amend the penal law, in relation to manufacturing a controlled substance in the presence of a child

PURPOSE OR GENERAL IDEA OF BILL:

This bill creates the crime of manufacturing a controlled substance in the presence of a child.

SUMMARY OF SPECIFIC PROVISIONS:

The penal law is amended by adding a new section 260.12 Manufacturing a controlled substance in the presence of a child.

JUSTIFICATION:

The growing use and manufacture of the illegal and highly addictive drug methamphetamine in New York State poses a critical threat to public health and safety, with children of methamphetamine users being particularly at risk. In addition to being exposed to toxic substances, these children are often completely neglected and sometimes physically or sexually assaulted by their addicted parents, causing them to develop psychological and emotional problems. These children usually live in dysfunctional homes where they lack proper schooling and medical attention. In an effort to better protect these children, this measure enhances New York's endangering statute by making it an E felony to manufacture a controlled substance in the presence of a child.

PRIOR LEGISLATIVE HISTORY:

A.6982/S.4044 of 2005-06 A.2869 of 2007-2008 A.3761 of 2009-10 A.555 of 2011-12

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4040 2013-2014 Regular Sessions IN SENATE March 5, 2013 ___________
Introduced by Sen. VALESKY -- 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 manufacturing a controlled substance in the presence of a child 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 260.12 to read as follows: S 260.12 MANUFACTURING A CONTROLLED SUBSTANCE IN THE PRESENCE OF A CHILD. A PERSON IS GUILTY OF MANUFACTURING A CONTROLLED SUBSTANCE IN THE PRESENCE OF A CHILD WHEN HE OR SHE MANUFACTURES ANY SUBSTANCE LISTED IN SCHEDULE I, II, III, IV, OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW WHILE A PERSON WHO IS SIXTEEN YEARS OF AGE OR YOUNGER IS IN THE PREMISES WHERE SUCH CONTROLLED SUBSTANCE IS BEING MANUFAC- TURED. MANUFACTURING A CONTROLLED SUBSTANCE IN THE PRESENCE OF A CHILD IS A CLASS E FELONY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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