Bill Text: NY A04951 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that any person who shall abandon in a public place, any controlled substance or dangerous drug as defined in article 220 or 221 of the penal law, shall be guilty of creating a hazard.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04951 Detail]

Download: New_York-2011-A04951-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4951
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced by M. of A. TOWNS, M. MILLER, P. RIVERA -- Multi-Sponsored by
         --  M. of A. GIBSON, McKEVITT -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to creating a hazard
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  270.10  of  the  penal law is amended to read as
    2  follows:
    3  S 270.10 Creating a hazard.
    4    A person is guilty of creating a hazard when:
    5    1. Having discarded in any place where it might  attract  children,  a
    6  container  which  has  a compartment of more than one and one-half cubic
    7  feet capacity and a door or lid which  locks  or  fastens  automatically
    8  when closed and which cannot easily be opened from the inside, he OR SHE
    9  fails to remove the door, lid, locking or fastening device; or
   10    2.  Being  the  owner  or otherwise having possession of property upon
   11  which an abandoned well or cesspool is located, he OR SHE fails to cover
   12  the same with suitable protective construction; OR
   13    3. ABANDONS IN A PUBLIC PLACE ANY CONTROLLED  SUBSTANCE  OR  DANGEROUS
   14  DRUG  AS  DEFINED  IN  ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED
   15  TWENTY-ONE OF THIS CHAPTER. FOR THE PURPOSES OF  THIS  SUBDIVISION,  THE
   16  TERM  "ABANDONS"  SHALL  MEAN  TO  VOLUNTARILY  DISCARD, LEAVE BEHIND OR
   17  RELINQUISH HIS OR HER  INTEREST  IN  SUCH  PROPERTY  DESCRIBED  IN  THIS
   18  SECTION.
   19    Creating a hazard is a class B misdemeanor.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD05858-01-1