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

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S4040-2013 Actions

• Mar 5, 2013: REFERRED TO CODES

S4040-2013 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.

S4040-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4040

                         2013-2014 Regular Sessions

                              I N  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.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04112-01-3