Assembly Bill A3474

2017-2018 Legislative Session

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3474 (ACTIVE) - Details

See Senate Version of this Bill:
S301
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§220.00 & 220.77, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7663
2015-2016: A8283, S4177
2019-2020: A5218

2017-A3474 (ACTIVE) - Summary

Reduces the aggregate value realized from the sale of a controlled substance for the seller to be considered as operating as a major trafficker.

2017-A3474 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3474
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. RAIA, FRIEND, PALMESANO -- read once and referred
   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.]
   §  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:
 § 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.
                                                            LBD02222-01-7
              

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