Bill S5401-2011

Decreases the amount of possession of narcotics necessary to constitute criminal possession in the fifth degree

Decreases the amount of possession of narcotics necessary to constitute criminal possession in the fifth degree.

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  • Jan 4, 2012: REFERRED TO CODES
  • May 18, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S5401

TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of narcotics

PURPOSE: This bill decreases the amount of possession of narcotics necessary to constitute criminal possession in the fifth degree.

SUMMARY OF PROVISIONS: Section 1 amends subdivision 2 of section 220.06 of the penal law, as amended by chapter 75 of the laws of 1995, to change the weight needed for criminal possession in the 5th degree from one-half ounce of narcotics to five hundred milligrams or more.

JUSTIFICATION: The use of illegal narcotics is a growing problem. Current statue requires that in order to be charged with criminal possession in the 5th degree you must have one-half ounce of narcotics, although most users currently buy narcotics in bundles equaling roughly I gram. This creates a challenge for law enforcement when attempting to crack down on these deadly drugs.

This law would decrease the amount of narcotics, like heroin, one would need to be arrested with in order to be charged with possession in the 5th degree to 500 milligrams, the same as it currently is for cocaine. By making this change, we can help give law enforcement the tools they need to crack down on these dangerous drugs

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November in the year after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5401 2011-2012 Regular Sessions IN SENATE May 18, 2011 ___________
Introduced by Sen. KENNEDY -- 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 narcotics THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 220.06 of the penal law, as amended by chapter 75 of the laws of 1995, is amended to read as follows: 2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of [one-half ounce] FIVE HUNDRED MILLIGRAMS or more; or S 2. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

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