Bill Text: NY S03564 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S03564 Detail]

Download: New_York-2017-S03564-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3564--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the penal law, in relation  to  unlawful  possession  of
          marihuana
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 221.05 of the penal law, as added by chapter 360 of
     2  the laws of 1977, is amended to read as follows:
     3  § 221.05 Unlawful possession of marihuana.
     4    A person is guilty of unlawful possession of marihuana when  he  know-
     5  ingly and unlawfully possesses marihuana.
     6    Unlawful  possession of marihuana is a violation [punishable only by a
     7  fine of not more than one hundred dollars. However, where] and shall  be
     8  sentenced in accordance with the following:
     9    1.  For  a first violation, the court shall order payment of a fine of
    10  not more than one hundred dollars. Where a defendant is under the age of
    11  eighteen, the court shall order payment of a fine of not more  than  one
    12  hundred  dollars  or  an  appropriate amount of community service not to
    13  exceed twenty hours.
    14    2. Where the defendant has previously been  convicted  of  an  offense
    15  defined in this article or article 220 of this chapter, committed within
    16  the  three  years  immediately  preceding  such  violation, [it shall be
    17  punishable (a) only by a fine of not more than two hundred  dollars,  if
    18  the  defendant  was  previously  convicted of one such offense committed
    19  during such period, and (b) by a fine of not more than two hundred fifty
    20  dollars or a term of imprisonment not in excess of fifteen days or both,
    21  if the defendant was previously convicted of two such offenses committed
    22  during such period] the court shall order payment of a fine of not  more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00632-03-7
        S. 3564--B                          2
     1  than  two  hundred  dollars. Where a defendant is under the age of eigh-
     2  teen, the court shall order payment of a  fine  of  not  more  than  two
     3  hundred  dollars  or  an  appropriate amount of community service not to
     4  exceed forty hours.
     5    3.  Where  the defendant has previously been convicted of two offenses
     6  defined in this article or article two hundred twenty  of this  chapter,
     7  committed  within  the three years immediately preceding such violation,
     8  the court shall order payment of a fine of not  more  than  two  hundred
     9  fifty dollars or a term of imprisonment not in excess of fifteen days.
    10    § 2. This act shall take effect immediately.