Bill Text: NY S04990 | 2023-2024 | 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) 2024-01-03 - REFERRED TO CODES [S04990 Detail]

Download: New_York-2023-S04990-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4990

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 21, 2023
                                       ___________

        Introduced by Sen. OBERACKER -- 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 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.
                                                                   LBD09203-01-3