Senate Bill S301

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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

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2017-S301 (ACTIVE) - Details

See Assembly Version of this Bill:
A3474
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00 & 220.77, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7663
2015-2016: S4177, A8283
2019-2020: A5218

2017-S301 (ACTIVE) - Summary

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

2017-S301 (ACTIVE) - Sponsor Memo

2017-S301 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    301
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, AKSHAR, AMEDORE, FUNKE, GALLIVAN, GOLDEN,
   MARCHIONE, O'MARA, 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.]
   §  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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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