Provides that any person who shall abandon in a public place, any controlled substance or dangerous drug as defined in article 220 or 221 of the penal law, shall be guilty of creating a hazard.
TITLE OF BILL: An act to amend the penal law, in relation to creating a hazard
PURPOSE OR GENERAL IDEA OF BILL: To add a new hazard of abandoning a dangerous drug or controlled substance to penal law 270.10 crime of creating a hazard
SUMMARY OF SPECIFIC PROVISIONS: Adds a new subsection 3 to penal law section 270.10 that creates the crime of abandoning a dangerous drug or controlled substance as defined by penal law article 220 or 221. Defines "abandons" as "voluntarily discard, leave behind or relinquish his or her interest in such property as described in this section."
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently, there is no penalty when a drug suspect "tosses" or discards the controlled substance he or she was carrying. This bill would make that abandonment in a public place a class B misdemeanor.
JUSTIFICATION: Drug suspects frequently "toss" narcotics or other controlled substances during police chases so they are not caught in possession of the illegal substances. Observant law enforcement officials are usually able to recover the dropped materials but not in all cases. These abandoned drugs create a public hazard and present a danger especially to younger children who may see a container or plastic-wrapped package as inviting to play with or put in their mouths. Also, packages of drugs present a danger to pets who may sniff or eat these harmful substances. In addition, when drugs are abandoned in bushes, grass, trash bins or other public areas it forces law enforcement to elevate patrol time to locating the contraband. This time could be better spent answering calls and helping the public.
LEGISLATIVE HISTORY: S.1620 of 2011 01/10/11 REFERRED TO CODES 01/25/11 1ST REPORT CAL.30 01/31/11 2ND REPORT CAL. 02/01/11 ADVANCED TO THIRD READING 02/08/11 PASSED SENATE 02/08/11 DELIVERED TO ASSEMBLY 02/08/11 Referred to Codes 01/04/12 DIED IN ASSEMBLY 01/04/12 RETURNED TO SENATE 01/04/12 REFERRED TO CODES 01/31/12 1ST REPORT CAL. 156 02/06/12 2ND REPORT CAL. 02/07/12 ADVANCED TO THIRD READING 02/13/12 PASSED SENATE 02/13/12 DELIVERED TO ASSEMBLY 02/13/12 REFERRED TO CODES
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 659 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SAMPSON -- 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 creating a hazard THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 270.10 of the penal law is amended to read as follows: S 270.10 Creating a hazard. A person is guilty of creating a hazard when: 1. Having discarded in any place where it might attract children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, he OR SHE fails to remove the door, lid, locking or fastening device; or 2. Being the owner or otherwise having possession of property upon which an abandoned well or cesspool is located, he OR SHE fails to cover the same with suitable protective construction; OR 3. ABANDONS IN A PUBLIC PLACE ANY CONTROLLED SUBSTANCE OR DANGEROUS DRUG AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED TWENTY-ONE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "ABANDONS" SHALL MEAN TO VOLUNTARILY DISCARD, LEAVE BEHIND OR RELINQUISH HIS OR HER INTEREST IN SUCH PROPERTY DESCRIBED IN THIS SECTION. Creating a hazard is a class B misdemeanor. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01796-01-3