S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    301
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, AKSHAR, AMEDORE, FUNKE, GALLIVAN, GOLDEN,
   MARCHIONE, O'MARA, YOUNG -- 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.]
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02222-01-7

 S. 301                              2
 
 substances,  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
   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.
   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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.