NY State Senate Bill 2021-S5359

Senate Bill S5359

2021-2022 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

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Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 03, 2021	referred to codes

co-Sponsors

2021-S5359 (ACTIVE) - Details

See Assembly Version of this Bill:: A1069
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§150.05 & 150.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7199, A10540
2019-2020: S3927, A7179
2023-2024: S1004, A2008

2021-S5359 (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.

2021-S5359 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5359

SPONSOR: OBERACKER
 
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:

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 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.

 
LEGISLATIVE HISTORY:

S.3927/A.7179, Codes
S.7199A of 2017-2018, passed senate.

 
FISCAL IMPLICATIONS:

None  
EFFECTIVE DATE:
Immediate

2021-S5359 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5359
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 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.

                                                            LBD00627-01-1

 S. 5359                             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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Senate Bill S5359

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Sponsored By

Peter Oberacker