NY State Senate Bill 2017-S7199A

Senate Bill S7199A

2017-2018 Legislative Session

Relates to the damage of a building or motor vehicle caused by fire or explosion in the course of the commission of a felony

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2018	referred to codes
Jun 20, 2018	delivered to assembly passed senate ordered to third reading cal.2107 committee discharged and committed to rules
Jan 05, 2018	print number 7199a
Jan 05, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes

Votes

- Jun 20, 2018 - Floor Vote
  S7199A
  
  56
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (56)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (4)
      
      Hoylman-Sigal
      
      Kavanagh
      
      Montgomery
      
      Sepúlveda
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 20, 2018 - Rules Committee Vote
  S7199A
  
  21
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2018
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Gianaris
      
      Griffo
      
      Montgomery
      
      excused (1)
      
      Rivera

Bill Amendments

Original

A (Active)

2017-S7199 - Details

See Assembly Version of this Bill:: A10540
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§150.05 & 150.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3927, A7179
2021-2022: S5359, A1069
2023-2024: S1004, A2008

2017-S7199 - Summary

Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

2017-S7199 - Sponsor Memo

                                
 
BILL NUMBER: S7199

SPONSOR: DEFRANCISCO
 
TITLE OF BILL:  An act to amend the penal law, in relation to the
causation of a fire or explosion during the course of committing or
attempting to commit a controlled substance felony

 
PURPOSE OF THE BILL:

To provide for criminal liability for Arson for a person who causes a
fire or explosion during the course of committing a controlled substance
felony.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would add a subdivision to Penal Law § 150.05 (Arson in the
fourth degree) making it a class E felony if a person "damages a build-
ing or motor vehicle by fire or explosion in the course of the commis-
sion or attempted commission of a felony defined in Article 220" of the
Penal Law.

Section two would add a subdivision to Penal Law § 150.10 (Arson in the
third degree) making it a class C felony if a person "recklessly damages
a building or motor vehicle by fire or explosion in the course of the
commission or attempted commission of a felony as defined in Article
220" of the Penal Law.

 
JUSTIFICATION:

The manufacturing process for methamphetamine, cocaine free base and
other drugs often involves the use of a flamed heat source and/or vola-
tile chemicals. A person who engages in such conduct endangers innocent
persons who may be in close proximity to the manufacturing site. That
was the case in the Village of Homer, New York on September 2, 2016,
when a resident of a multi-unit building was killed after a fire broke
out during the process of manufacturing methamphetamine. Subsequent to
that fire, two more fires were caused in the same manner in apartment
buildings in nearby Cortland, New York. This legislation would establish
the penalty of a class E felony for persons who cause a fire or explo-
sion during a drug manufacturing process and for a class C felony for
persons who recklessly cause a fire or explosion during a drug manufac-
turing process.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE:

Immediately

2017-S7199 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7199
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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 causation of a fire or
   explosion during the course of committing or attempting  to  commit  a
   controlled substance felony

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 150.05 of the penal law, as amended by chapter  225
 of the laws of 1979, is amended to read as follows:
 § 150.05 Arson in the fourth degree.
   1. A person is guilty of arson in the fourth degree when he:
   (A)  recklessly  damages  a building or motor vehicle by intentionally
 starting a fire or causing an explosion[.]; OR
   (B) DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE OR  EXPLOSION  IN  THE
 COURSE  OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY AS DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that no person other than the defendant had a possessory or  proprietary
 interest in the building or motor vehicle.
   Arson in the fourth degree is a class E felony.
   § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.10 Arson in the third degree.
   1. A person is guilty of arson in the third degree when he:
   (A)  intentionally  damages  a building or motor vehicle by starting a
 fire or causing an explosion[.]; OR
   (B) RECKLESSLY DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE  OR  EXPLO-
 SION IN THE COURSE OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY
 AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that (a) no person other than the defendant had a possessory or proprie-
 tary  interest in the building or motor vehicle, or if other persons had
 such interests, all of them consented to the  defendant's  conduct,  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14078-01-8

 S. 7199                             2
 
 (b) the defendant's sole intent was to destroy or damage the building or
 motor vehicle for a lawful and proper purpose, and (c) the defendant had
 no reasonable ground to believe that his conduct might endanger the life
 or safety of another person or damage another building or motor vehicle.
   Arson in the third degree is a class C felony.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S7199A (ACTIVE) - Details

See Assembly Version of this Bill:: A10540
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§150.05 & 150.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3927, A7179
2021-2022: S5359, A1069
2023-2024: S1004, A2008

2017-S7199A (ACTIVE) - Summary

Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.

2017-S7199A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7199A

SPONSOR: SEWARD
 
TITLE OF BILL:

An act to amend the penal law, in relation to the causation of a fire or
explosion during the course of committing or attempting to commit a
controlled substance felony

 
PURPOSE OF THE BILL:

To provide for criminal liability for Arson for a person who causes a
fire or explosion during the course of committing a controlled substance
felony.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would add a subdivision to Penal Law § 150.05 (Arson in the
fourth degree) making it a class E felony if a person "damages a build-
ing or motor vehicle by fire or explosion in the course of the commis-
sion or attempted commission of a felony defined in Article 220" of the

Penal Law.

Section two would add a subdivision to Penal Law § 150.10 (Arson in the
third degree) making it a class C felony if a person "recklessly damages
a building or motor vehicle by fire or explosion in the course of the
commission or attempted commission of a felony as defined in Article
220" of the Penal Law.

 
JUSTIFICATION:

The manufacturing process for methamphetamine, cocaine free base and
other drugs often involves the use of a flamed heat source and/or vola-
tile chemicals. A person who engages in such conduct endangers innocent
persons who may be in close proximity to the manufacturing site. That
was the case in the Village of Homer, New York on September 2, 2016,
when a resident of a multi-unit building was killed after a fire broke
out.during the process of manufacturing methamphetamine. Subsequent to
that fire, two more fires were caused in the same manner in apartment
buildings in nearby Cortland, New York. This legislation would establish
the penalty of a class E felony for persons who cause a fire or explo-
sion during a drug manufacturing process and for a class C felony for
persons who recklessly cause a fire or explosion during a drug manufac-
turing process.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE:

Immediately

2017-S7199A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7199--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced by Sens. SEWARD, DeFRANCISCO -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the penal law, in relation to the causation of a fire or
   explosion  during  the  course of committing or attempting to commit a
   controlled substance felony
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 150.05 of the penal law, as amended by chapter 225
 of the laws of 1979, is amended to read as follows:
 § 150.05 Arson in the fourth degree.
   1. A person is guilty of arson in the fourth degree when he:
   (A) recklessly damages a building or motor  vehicle  by  intentionally
 starting a fire or causing an explosion[.]; OR
   (B) DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE OR BY EXPLOSION IN THE
 COURSE  OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY AS DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that no person other than the defendant had a possessory or  proprietary
 interest in the building or motor vehicle.
   Arson in the fourth degree is a class E felony.
   § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.10 Arson in the third degree.
   1. A person is guilty of arson in the third degree when he:
   (A)  intentionally  damages  a building or motor vehicle by starting a
 fire or causing an explosion[.]; OR
   (B) RECKLESSLY DAMAGES A BUILDING OR  MOTOR  VEHICLE  BY  FIRE  OR  BY
 EXPLOSION  IN  THE COURSE OF THE COMMISSION OR ATTEMPTED COMMISSION OF A
 FELONY AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that (a) no person other than the defendant had a possessory or proprie-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14078-02-8

 S. 7199--A                          2
 
 tary interest in the building or motor vehicle, or if other persons  had
 such  interests,  all  of them consented to the defendant's conduct, and
 (b) the defendant's sole intent was to destroy or damage the building or
 motor vehicle for a lawful and proper purpose, and (c) the defendant had
 no reasonable ground to believe that his conduct might endanger the life
 or safety of another person or damage another building or motor vehicle.
   Arson in the third degree is a class C felony.
   § 3. This act shall take effect immediately.

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