Bill Text: NY A06194 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 6194 (Prior Session Legislation)

Introduced

Bill Title: Creates the crime of manufacturing controlled substance in the presence of minors; defines "in the presence of minors".

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A06194 Detail]

Download: New_York-2011-A06194-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6194
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2011
                                      ___________
       Introduced by M. of A. SMARDZ, FINCH, N. RIVERA, McKEVITT, RAIA, MOLINA-
         RO  -- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, CONTE, HAWLEY,
         McLAUGHLIN -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to manufacturing a controlled
         substance in the presence of a minor
         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 220.61 to
    2  read as follows:
    3  S 220.61 MANUFACTURING CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR.
    4    1. A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY  OF  MANU-
    5  FACTURING  CONTROLLED SUBSTANCES IN THE PRESENCE OF A MINOR WHEN, IN THE
    6  PRESENCE OF A MINOR, HE OR  SHE  UNLAWFULLY  MANUFACTURES  A  CONTROLLED
    7  SUBSTANCE EITHER:
    8    (A) DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES; OR
    9    (B) BY MEANS OF CHEMICAL PROCESSES; OR
   10    (C)  DIRECTLY OR BY EXTRACTION FROM NATURAL SUBSTANCES AND BY MEANS OF
   11  CHEMICAL PROCESSES.
   12    2. FOR PURPOSES OF THIS SECTION, THE TERM "IN THE PRESENCE OF A MINOR"
   13  SHALL MEAN:
   14    (A) WHEN A MINOR IS PHYSICALLY PRESENT DURING THE ACTIVITY;
   15    (B) WHEN THE ACTIVITY IS CONDUCTED IN THE RESIDENCE OF A MINOR; OR
   16    (C) WHEN THE ACTIVITY IS CONDUCTED IN  A  BUILDING  WHERE  MINORS  CAN
   17  REASONABLY BE EXPECTED TO BE PRESENT.
   18    MANUFACTURING  CONTROLLED  SUBSTANCES  IN THE PRESENCE OF A MINOR IS A
   19  CLASS E FELONY.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD09263-01-1