S T A T E   O F   N E W   Y O R K
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                                  4177

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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  controlled  substance
  organizations and operating as a major trafficker

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 18 and 20 of section 220.00 of the penal  law,
as  added  by  section 27 of part AAA of chapter 56 of the laws of 2009,
are amended to read as follows:
  18. "Controlled substance organization" means  [four]  THREE  or  more
persons  sharing  a common purpose to engage in conduct that constitutes
or advances the commission of a felony under this article.
  20. "Profiteer" means a person who: (a) is a director of a  controlled
substance organization; (b) is a member of a controlled substance organ-
ization and has managerial responsibility over one or more other members
of  that  organization;  or  (c)  arranges, devises or plans one or more
transactions constituting a felony under this article so  as  to  obtain
profits  or  expected profits. [A person is not a profiteer if he or she
is acting only as an employee; or if he or she is acting as an  accommo-
dation to a friend or relative; or if he or she is acting only under the
direction  and control of others and exercises no substantial, independ-
ent role in arranging or directing the transactions in question.]
  S 2. Section 220.77 of the penal law, as added by section 29  of  part
AAA of chapter 56 of the laws of 2009, is amended to read as follows:
S 220.77 Operating as a major trafficker.
  A person is guilty of operating as a major trafficker when:
  1.  Such person acts as a director of a controlled substance organiza-
tion during any period of twelve months or  less,  during  which  period
such  controlled  substance  organization  sells  one or more controlled
substances, and the proceeds collected or due from such  sale  or  sales

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08913-01-5

              

S. 4177                             2

have  a  total  aggregate  value  of [seventy-five] TWENTY-FIVE thousand
dollars or more; or
  2.  As a profiteer, such person knowingly and unlawfully sells, on one
or more occasions within six months or less, a narcotic  drug,  and  the
proceeds collected or due from such sale or sales have a total aggregate
value of [seventy-five] TWENTY-FIVE thousand dollars or more[.]; OR
  3.  As a profiteer, such person knowingly and unlawfully possesses, on
one or more occasions within six months or less, a  narcotic  drug  with
intent  to sell the same, and such narcotic drugs have a total aggregate
value of [seventy-five] TWENTY-FIVE thousand dollars or more.
  4. IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CHARGE OF OPERATING AS  A
MAJOR  TRAFFICKER THAT THE DEFENDANT WAS UNDER THE DIRECTION AND CONTROL
OF OTHERS AND EXERCISED NO SUBSTANTIAL, INDEPENDENT ROLE IN ARRANGING OR
DIRECTING THE TRANSACTIONS IN QUESTION.
  Operating as a major trafficker is a class A-I felony.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.