Bill S7663-2013

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

Details

Actions

  • Jun 9, 2014: referred to codes
  • Jun 9, 2014: DELIVERED TO ASSEMBLY
  • Jun 9, 2014: PASSED SENATE
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1152
  • Jun 3, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 23, 2014: REFERRED TO CODES

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 3, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Perkins, Gianaris
Ayes W/R (2): Krueger, Parker
Nays (1): Hassell-Thompson
Excused (1): Espaillat

Memo

BILL NUMBER:S7663

TITLE OF BILL: An act to amend the penal law, in relation to controlled substance organizations and operating as a major trafficker

PURPOSE: This bill would redefine the crime of operating as a major trafficker to more accurately reflect the nature of such criminal enterprise.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 18 of section 220.00 of the penal law to change the number of persons sharing a common purpose under the definition of "controlled substance organization" from four to three.

This section also amends subdivision 20 of section 220.00 of the penal law to remove the exclusion from the definition of "profiteer" one who acts only as an employee; or acting as an accomplice to a friend or relative; or acting only under the direction and control of others and exercises no substantial, independent role in arranging or directing transactions.

Section 2 amends section 220.77 of the penal law to change the aggregate value of the proceeds collected or due from sale or sales of controlled substances by a controlled substance organization for the purposes of being found guilty of the crime of operating as a major trafficker, from seventy-five thousand dollars or more, to twenty-five thousand dollars or more.

This section also creates an affirmative defense to the crime of operating as a major trafficker if the defendant was under the direction and control of others and exercised no substantial, independent role in arranging or directing the transactions in question.

Section 3 states that this act shall become establishes the effective date as the ninetieth day after it becomes law.

JUSTIFICATION: Heroin use is an epidemic in our state. Its impact now touches every aspect of our society regardless of income, education, gender or community. Upstate and Downstate are suffering from this scourge. It's ruining peoples' lives and destroying families. The increasing availability of this drug combined with more powerful incarnations and its sheer addictiveness has created a public health and safety crisis of incredible magnitude. This crisis includes the all too often death of too many New Yorkers. Under current law, major traffickers of the heroin are able to avoid prosecution for their role in infecting our communities with the menace of heroin. Current law makes it too difficult to prove the criminal enterprise that must exist to convict a major trafficker. This law would more accurately reflect the nature of the business of major drug dealers in our State and appropriately hold them accountable.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7663 IN SENATE May 23, 2014 ___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- 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 controlled substance organizations and operating as a major trafficker THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 18 and 20 of section 220.00 of the penal law, as added by section 27 of part AAA of chapter 56 of the laws of 2009, are amended to read as follows: 18. "Controlled substance organization" means [four] THREE or more persons sharing a common purpose to engage in conduct that constitutes or advances the commission of a felony under this article. 20. "Profiteer" means a person who: (a) is a director of a controlled substance organization; (b) is a member of a controlled substance organ- ization and has managerial responsibility over one or more other members of that organization; or (c) arranges, devises or plans one or more transactions constituting a felony under this article so as to obtain profits or expected profits. [A person is not a profiteer if he or she is acting only as an employee; or if he or she is acting as an accommo- dation to a friend or relative; or if he or she is acting only under the direction and control of others and exercises no substantial, independ- ent role in arranging or directing the transactions in question.] S 2. Section 220.77 of the penal law, as added by section 29 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: S 220.77 Operating as a major trafficker. A person is guilty of operating as a major trafficker when: 1. Such person acts as a director of a controlled substance organiza- tion during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales
have a total aggregate value of [seventy-five] TWENTY-FIVE thousand dollars or more; or 2. As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of [seventy-five] TWENTY-FIVE thousand dollars or more. 3. As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of [seventy-five] TWENTY-FIVE thousand dollars or more. 4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CHARGE OF OPERATING AS A MAJOR TRAFFICKER THAT THE DEFENDANT WAS UNDER THE DIRECTION AND CONTROL OF OTHERS AND EXERCISED NO SUBSTANTIAL, INDEPENDENT ROLE IN ARRANGING OR DIRECTING THE TRANSACTIONS IN QUESTION. Operating as a major trafficker is a class A-I felony. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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