NY State Senate Bill 2021-S5504

Senate Bill S5504

2021-2022 Legislative Session

Includes fires caused by the manufacture of a controlled substance within the crime of arson in the first degree

download bill text pdf

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 09, 2021	referred to codes

2021-S5504 (ACTIVE) - Details

See Assembly Version of this Bill:: A4965
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §150.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7673
2019-2020: S1595, A6305
2023-2024: S2179, A5418

2021-S5504 (ACTIVE) - Summary

Includes fires caused by the manufacture of a controlled substance within the crime of arson in the first degree.

2021-S5504 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5504

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the penal law, in relation to including fires caused by
the manufacture of a controlled substance within the crime of arson in
the first degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Arson statute to include individuals who illegally manufac-
ture a controlled substance that results in an explosion or fire damage
to a building or person.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. amends subdivision 2 of section 150.20 of the penal law, as
amended by chapter 950 of the laws of 1984

Section 2. adds a new section defining a person as guilty of arson in

the first degree, who while manufacturing or attempting to manufacture a
controlled substance destroys or causes to be burned, in whole or part,
a building or person.

 
JUSTIFICATION:

Currently the crime of Arson only includes intentional acts. Those who
endeavor to manufacture illegal drugs do so under very dangerous circum-
stances in an uncontrolled environment. This often results in unexpected
and unintentional explosions and fires to the immediate building and
surrounding buildings. However, because these "accidents" are not inten-
tional the perpetrators cannot be charged under existing Arson statutes.

The number of illegal "meth labs" that explode or catch fire due to the
volatile chemicals used in the manufacturing process has become a much
more frequent event. The secretive nature of these operations put inno-
cent people unknowingly at risk; and when an illegal lab does explode or
catch fire can cause personal harm or property damage.

 
PRIOR LEGISLATIVE HISTORY:

2018: S7673

2020: S1595

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill will take effect on the sixtieth day after it shall have
become law.

2021-S5504 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5504
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 including fires caused  by
   the manufacture of a controlled substance within the crime of arson in
   the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  150.20  of  the  penal  law,  as
 amended  by  chapter  950  of  the  laws  of 1984, is amended to read as
 follows:
   2. A PERSON IS GUILTY OF ARSON IN THE FIRST DEGREE WHEN,  WHILE  MANU-
 FACTURING,  ATTEMPTING  TO  MANUFACTURE  OR ENDEAVORING TO MANUFACTURE A
 CONTROLLED SUBSTANCE IN VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS
 CHAPTER,  DESTROYS  IN  WHOLE  OR  IN  PART,  OR  CAUSES TO BE BURNED OR
 DESTROYED, OR AIDS, COUNSELS OR PROCURES THE BURNING OR  DESTRUCTION  OF
 ANY  BUILDING  OR CONTENTS THEREOF, INHABITED OR OCCUPIED BY ONE OR MORE
 PERSONS, WHETHER SUCH BUILDING OR  CONTENTS  IS  THE  PROPERTY  OF  SUCH
 PERSON  OR  ANOTHER, OR WHEN, WHILE MANUFACTURING OR ATTEMPTING TO MANU-
 FACTURE A CONTROLLED SUBSTANCE IN VIOLATION OF ARTICLE TWO HUNDRED TWEN-
 TY OF THIS CHAPTER, CAUSES A PERSON TO BE BURNED, OR AIDS,  COUNSELS  OR
 PROCURES THE BURNING OF A PERSON.
   3.  As  used  in  this  section, "incendiary device" means a breakable
 container designed to explode or  produce  uncontained  combustion  upon
 impact,  containing  flammable  liquid  and  having  a wick or a similar
 device capable of being ignited; AND "CONTROLLED SUBSTANCE"  SHALL  HAVE
 THE  SAME  MEANING AS SET FORTH IN SUBDIVISION FIVE OF SECTION 220.00 OF
 THIS CHAPTER.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08090-01-1

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