Assembly Bill A8420

Signed By Governor
2019-2020 Legislative Session

Relates to vacating records for certain proceedings and modifies the definition of smoking

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6579 - Signed by Governor


  • 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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Bill Amendments

2019-A8420 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L; amd §§440.10 & 160.50, CP L; amd §1399-n, Pub Health L

2019-A8420 - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

2019-A8420 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8420
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to vacating records for certain proceedings; and to amend the
   public health law, in relation to the definition of smoking

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A person is guilty of unlawful possession of marihuana when  he  know-
 ingly and unlawfully possesses marihuana.
   Unlawful  possession  of marihuana is a violation punishable only by a
 fine of not more than [one hundred] FIFTY dollars. [However,  where  the
 defendant  has  previously  been convicted of an offense defined in this
 article or article 220 of this chapter, committed within the three years
 immediately preceding such violation, it shall be punishable (a) only by
 a fine of not more than two hundred dollars, if the defendant was previ-
 ously convicted of one such offense committed during  such  period,  and
 (b)  by  a  fine of not more than two hundred fifty dollars or a term of
 imprisonment not in excess of fifteen days or both, if the defendant was
 previously convicted of two such offenses committed during such period.]
   § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
 laws of 1979 and subdivision 2 as amended by chapter 75 of the  laws  of
 1995, is amended to read as follows:
 § 221.10 Criminal possession of marihuana in the fifth degree.
   A  person  is  guilty of criminal possession of marihuana in the fifth
 degree when he knowingly and unlawfully possesses[:
   1. marihuana in a public place, as defined in section 240.00  of  this
 chapter, and such marihuana is burning or open to public view; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13421-02-9
              

co-Sponsors

2019-A8420A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L; amd §§440.10 & 160.50, CP L; amd §1399-n, Pub Health L

2019-A8420A (ACTIVE) - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

2019-A8420A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8420--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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  and  the criminal procedure law, in
   relation to vacating records for certain proceedings; and to amend the
   public health law, in relation to the definition of smoking
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana IN THE SECOND DEGREE.
   A  person  is guilty of unlawful possession of marihuana IN THE SECOND
 DEGREE when he knowingly and unlawfully possesses marihuana.
   Unlawful possession of marihuana IN THE SECOND DEGREE is  a  violation
 punishable  only by a fine of not more than [one hundred] FIFTY dollars.
 [However, where the  defendant  has  previously  been  convicted  of  an
 offense  defined in this article or article 220 of this chapter, commit-
 ted within the three years  immediately  preceding  such  violation,  it
 shall  be  punishable  (a)  only  by a fine of not more than two hundred
 dollars, if the defendant was previously convicted of one  such  offense
 committed  during  such  period,  and (b) by a fine of not more than two
 hundred fifty dollars or a term of imprisonment not in excess of fifteen
 days or both, if the defendant was  previously  convicted  of  two  such
 offenses committed during such period.]
   § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
 laws  of  1979 and subdivision 2 as amended by chapter 75 of the laws of
 1995, is amended to read as follows:
 § 221.10 [Criminal] UNLAWFUL possession  of  marihuana  in  the  [fifth]
            FIRST degree.
   A  person  is guilty of [criminal] UNLAWFUL possession of marihuana in
 the [fifth] FIRST degree when he knowingly and unlawfully possesses[:

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

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