S659-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S659-2013 Memo

BILL NUMBER:S659

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.

S659-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          659
 2013-2014 Regular Sessions
 I N  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

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