Senate Bill S4177

2015-2016 Legislative Session

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4177 (ACTIVE) - Details

See Assembly Version of this Bill:
A8283
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง220.00 & 220.77, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7663
2017-2018: S301, A3474
2019-2020: A5218

2015-S4177 (ACTIVE) - Summary

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

2015-S4177 (ACTIVE) - Sponsor Memo

2015-S4177 (ACTIVE) - Bill Text download pdf

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

                                  4177

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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  controlled  substance
  organizations and operating as a major trafficker

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 18 and 20 of section 220.00 of the penal  law,
as  added  by  section 27 of part AAA of chapter 56 of the laws of 2009,
are amended to read as follows:
  18. "Controlled substance organization" means  [four]  THREE  or  more
persons  sharing  a common purpose to engage in conduct that constitutes
or advances the commission of a felony under this article.
  20. "Profiteer" means a person who: (a) is a director of a  controlled
substance organization; (b) is a member of a controlled substance organ-
ization and has managerial responsibility over one or more other members
of  that  organization;  or  (c)  arranges, devises or plans one or more
transactions constituting a felony under this article so  as  to  obtain
profits  or  expected profits. [A person is not a profiteer if he or she
is acting only as an employee; or if he or she is acting as an  accommo-
dation to a friend or relative; or if he or she is acting only under the
direction  and control of others and exercises no substantial, independ-
ent role in arranging or directing the transactions in question.]
  S 2. Section 220.77 of the penal law, as added by section 29  of  part
AAA of chapter 56 of the laws of 2009, is amended to read as follows:
S 220.77 Operating as a major trafficker.
  A person is guilty of operating as a major trafficker when:
  1.  Such person acts as a director of a controlled substance organiza-
tion during any period of twelve months or  less,  during  which  period
such  controlled  substance  organization  sells  one or more controlled
substances, and the proceeds collected or due from such  sale  or  sales

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08913-01-5

              

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