Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 14, 2014 |
recommit, enacting clause stricken |
Jan 08, 2014 |
referred to codes |
Jun 15, 2013 |
referred to rules |
Senate Bill S5803
2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - Stricken
- 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
Actions
co-Sponsors
(D) Senate District
(D) Senate District
2013-S5803 (ACTIVE) - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §221.10, Pen L
2013-S5803 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5803 TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of marihuana in the fifth degree PURPOSE OR GENERAL IDEA OF BILL: Decriminalizes "open view" possession of marihuana weighing less than 15 grams in New York City after passage of local law, resolution or ordinance. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Penal Law § 221.10 in relation to "open view" possession of marihuana weighing less than 15 grams. Allows the local governing body of New York City to adopt a local law, ordinance or resolution deeming such possession to be a violation instead of a misdemeanor. Section 2: 90 days after it shall become law JUSTIFICATION: Current law makes possession of small amounts of marihuana a violation punishable by a fine, while possession in open view in a public place is a misdemeanor. The disparity in criminal liability contributes to the many injustices associated with stop-and-frisk policing because a person carrying small quantities of concealed marihuana may be
2013-S5803 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5803 2013-2014 Regular Sessions I N S E N A T E June 15, 2013 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to criminal possession of marihuana in the fifth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979 and subdivision 2 as amended by chapter 75 of the laws of 1995, is amended to read as follows: S 221.10 Criminal possession of marihuana in the fifth degree. A person is guilty of criminal possession of marihuana in the fifth degree when he OR SHE knowingly and unlawfully possesses: 1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning [or open to public view]; or 2. MARIHUANA IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS CHAPTER, AND SUCH MARIHUANA IS OPEN TO PUBLIC VIEW; OR 3. ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES CONTAINING MARIHUANA AND THE PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF MORE THAN FIFTEEN GRAMS AND SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS CHAPTER, AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OPEN TO PUBLIC VIEW; OR 4. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. PROVIDED, HOWEVER, THAT A PERSON SHALL NOT BE GUILTY UNDER SUBDIVISION TWO OF THIS SECTION IF SUCH POSSESSION IS IN A CITY WITH A POPULATION OF MORE THAN ONE MILLION WHERE SUCH CITY, ACTING THROUGH ITS LEGISLATIVE BODY, HAS ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION DEEMING SUCH POSSESSION TO BE A VIOLATION UNDER SECTION 221.05 OF THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11532-01-3
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