Bill Text: NY A05189 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a crime for the possession of synthetic marihuana in correctional facilities.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05189 Detail]

Download: New_York-2019-A05189-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5189
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A. BARCLAY, MORINELLO, REILLY, MANKTELOW -- read
          once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to the possession of synthet-
          ic marihuana in a prison
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 220.04 to
     2  read as follows:
     3  § 220.04 Criminal possession of a  controlled  substance  in  the  sixth
     4             degree.
     5    A person is guilty of criminal possession of a controlled substance in
     6  the sixth degree when he or she possesses any amount of a tetrahydrocan-
     7  nabinol,  as such term is defined in paragraph twenty-one of subdivision
     8  (d) of schedule I of section thirty-three  hundred  six  of  the  public
     9  health  law, while such person is employed at, visiting, or incarcerated
    10  in, any state or local correctional facility.
    11    Criminal possession of a controlled substance in the sixth degree is a
    12  class E felony.
    13    § 2. The penal law is amended by adding a new section 60.14 to read as
    14  follows:
    15  § 60.14 Authorized disposition;  Criminal  possession  of  a  controlled
    16             substance in the sixth degree.
    17    When  a  court finds that a defendant is guilty of criminal possession
    18  of a controlled substance in the sixth  degree  as  defined  in  section
    19  220.04  of  this chapter while such person is incarcerated in a state or
    20  local correctional facility, the court must impose a minimum sentence of
    21  at least one year to run  consecutively  with  the  defendant's  current
    22  sentence.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02396-01-9