Bill Text: NY A02179 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the class D felony of criminal fortification of a drug house for the fortification of a building, used for drug trade, to prevent the lawful entry by the police or other persons.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02179 Detail]

Download: New_York-2015-A02179-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2179
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A. BRINDISI, ROBERTS, BORELLI, MONTESANO, NOJAY,
         GUNTHER, GRAF, LUPINACCI, CROUCH, TENNEY -- Multi-Sponsored by  --  M.
         of  A.  BARCLAY,  BRENNAN,  COOK, DUPREY, McDONALD, McDONOUGH, MOSLEY,
         SCHIMEL, SIMANOWITZ, STEC -- read once and referred to  the  Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to establishing the offense
         of criminal fortification of a drug house
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  220.00 of the penal law is amended by adding two
    2  new subdivisions 21 and 22 to read as follows:
    3    21. "BUILDING," IN ADDITION TO  ITS  ORDINARY  MEANING,  INCLUDES  ANY
    4  STRUCTURE,  VEHICLE OR WATERCRAFT USED FOR OVERNIGHT LODGING OF PERSONS,
    5  OR USED BY PERSONS FOR CARRYING ON  BUSINESS  THEREIN,  OR  USED  AS  AN
    6  ELEMENTARY  OR  SECONDARY  SCHOOL,  OR  AN  INCLOSED  MOTOR TRUCK, OR AN
    7  INCLOSED MOTOR TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO  OR  MORE
    8  UNITS  SEPARATELY  SECURED OR OCCUPIED, EACH UNIT SHALL BE DEEMED BOTH A
    9  SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILDING.
   10    22. "FORTIFIED CONDITION" MEANS THE PRESENCE OF  STEEL  DOORS,  WOODEN
   11  PLANKING, CROSS BARS, SURVEILLANCE SYSTEMS, DOGS, OR OTHER SIMILAR MEANS
   12  WHICH TEND TO PREVENT OR IMPEDE ENTRY TO A BUILDING.
   13    S  2.  The  penal law is amended by adding two new sections 220.80 and
   14  220.85 to read as follows:
   15  S 220.80 CRIMINAL FORTIFICATION OF A DRUG HOUSE.
   16    A PERSON IS GUILTY OF CRIMINAL FORTIFICATION OF  A  DRUG  HOUSE  WHEN,
   17  WITH  INTENT  TO  IMPEDE, DETER OR DELAY LAWFUL ENTRY BY LAW ENFORCEMENT
   18  OFFICERS OR ANOTHER PERSON, HE OR SHE IS  PRESENT  IN  AND/OR  KNOWINGLY
   19  MAINTAINS A BUILDING IN A FORTIFIED CONDITION AND SUCH BUILDING IS BEING
   20  USED  FOR  THE  PURPOSE  OF  MANUFACTURING,  PACKAGING  OR  DISTRIBUTING
   21  CONTROLLED SUBSTANCES OR MARIHUANA.
   22    CRIMINAL FORTIFICATION OF A DRUG HOUSE IS A CLASS D FELONY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03468-01-5
       A. 2179                             2
    1  S 220.85 CRIMINAL FORTIFICATION OF A DRUG HOUSE; PRESUMPTION.
    2    A  PERSON WHO IS PRESENT IN AND/OR KNOWINGLY MAINTAINS A BUILDING IN A
    3  FORTIFIED CONDITION IN WHICH  CONTROLLED  SUBSTANCES  OR  MARIHUANA  ARE
    4  PRESENT  IS  PRESUMED TO INTEND TO IMPEDE, DETER OR DELAY UNLAWFUL ENTRY
    5  BY LAW ENFORCEMENT OR ANOTHER PERSON.
    6    S 3. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.