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

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S5401-2011 Actions

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

S5401-2011 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.

S5401-2011 Text

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

                                    5401

                         2011-2012 Regular Sessions

                              I N  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.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11660-01-1