NY State Senate Bill 2023-S5799

Senate Bill S5799

2023-2024 Legislative Session

Adds additional objects which a person would be guilty of criminally using drug paraphernalia in the 2nd degree if he or she knowingly possesses or sells such object

download bill text pdf

Current 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 03, 2024	referred to codes
Mar 16, 2023	referred to codes

2023-S5799 (ACTIVE) - Details

See Assembly Version of this Bill:: A2908
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.50, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2272
2011-2012: A2027
2013-2014: A3038
2015-2016: A7118
2017-2018: A4242
2019-2020: A5989
2021-2022: A4222

2023-S5799 (ACTIVE) - Summary

Relates to adding additional objects which a person would be guilty of criminally using drug paraphernalia in the second degree if he or she knowingly possesses or sells such objects.

2023-S5799 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5799

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminally using drug
paraphernalia in the second degree

 
PURPOSE:

This bill expands the items included in the list of drug paraphernalia.

 
SUMMARY OF PROVISIONS:

Section 1. Provides that possession of objects capable of introducing
controlled substances into the body can be considered drug paraphernalia
when circumstances evidence an intent by the possessor to use or know-
ledge on the part of the possessor that some other person intends to use
such an object unlawfully.

Section 2 establishes the effective date.

 
JUSTIFICATION:

New York law makes it illegal to possess and sell certain types of
drugs. Current law makes it a crime to possess, with intent to use
unlawfully, certain items known to be indispensable to the sale of these
illegal drugs. Other states have recognized that items used to adminis-
ter or ingest these drugs, when accompanied by circumstances evidencing
intent for use of illegal drugs, are equally dangerous to the public
welfare and deserving of criminal prohibition. This bill does just that.
In doing so, it provides law enforcement with a valuable tool for
protecting the public from the dangers inherent in the use of illegal
drugs.

 
LEGISLATIVE HISTORY:

2013-14: S.6712/A.3038 Referred to Codes

2011-12: S.494/A.2027 Passed Senate/Referred to Codes

2009-10: S.626/A.2272 Referred to Codes

2007-08: S.3145/A.2634 Passed Senate/Referred to Codes

2005-06: S.5171/A.7466 Passed Senate/Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November after the date of
passage into law.

2023-S5799 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5799
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  criminally  using  drug
   paraphernalia in the second degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 220.50 of the penal law, as  added
 by  chapter  627 of the laws of 1990, is amended and a new subdivision 4
 is added to read as follows:
   3. Scales and balances used or designed for the purpose of weighing or
 measuring controlled substances, under circumstances evincing an  intent
 to  use,  or  under  circumstances  evincing  knowledge that some person
 intends to use, the same for purpose of unlawfully manufacturing,  pack-
 aging or dispensing of any narcotic drug or stimulant[.]; OR
   4.  OBJECTS  INCLUDING,  BUT  NOT  LIMITED  TO:  PIPES WITH OR WITHOUT
 SCREENS, GLASS TUBING, PIPE SCREENS, STEEL WOOL,  OR  MINIATURE  SPOONS,
 CAPABLE FOR USE IN INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE
 HUMAN  BODY,  A  CONTROLLED  SUBSTANCE,  POSSESSION OF WHICH IS UNLAWFUL
 UNDER THIS CHAPTER, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  USE,  OR
 UNDER  CIRCUMSTANCES  EVINCING KNOWLEDGE THAT SOME PERSON INTENDS TO USE
 THE SAME, UNLAWFULLY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04851-01-3

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