Relates to creating a hazard

1 Co-sponsor

• Tony Avella

BILL NUMBER:S659

Title of bill

An act to amend the penal law, in relation to creating a hazard

Purpose or general idea of bill

To add a new hazard of abandoning a dangerous drug or controlled substance to penal law 270.10 crime of creating a hazard

Summary of specific provisions

Adds a new subsection 3 to penal law section 270.10 that creates the crime of abandoning a dangerous drug or controlled substance as defined by penal law article 220 or 221. Defines "abandons" as "voluntarily discard, leave behind or relinquish his or her interest in such property as described in this section."

Effects of present law which this bill would alter

Currently, there is no penalty when a drug suspect "tosses" or discards the controlled substance he or she was carrying. This bill would make that abandonment in a public place a class B misdemeanor.

Justification

Drug suspects frequently "toss" narcotics or other controlled substances during police chases so they are not caught in possession of the illegal substances. Observant law enforcement officials are usually able to recover the dropped materials but not in all cases. These abandoned drugs create a public hazard and present a danger especially to younger children who may see a container or plastic-wrapped package as inviting to play with or put in their mouths. Also, packages of drugs present a danger to pets who may sniff or eat these harmful substances. In addition, when drugs are abandoned in bushes, grass, trash bins or other public areas it forces law enforcement to elevate patrol time to locating the contraband. This time could be better spent answering calls and helping the public.

Legislative history

S.1620 of 2011 01/10/11 REFERRED TO CODES 01/25/11 1ST REPORT CAL.30 01/31/11 2ND REPORT CAL. 02/01/11 ADVANCED TO THIRD READING 02/08/11 PASSED SENATE 02/08/11 DELIVERED TO ASSEMBLY 02/08/11 Referred to Codes 01/04/12 DIED IN ASSEMBLY 01/04/12 RETURNED TO SENATE 01/04/12 REFERRED TO CODES 01/31/12 1ST REPORT CAL. 156 02/06/12 2ND REPORT CAL. 02/07/12 ADVANCED TO THIRD READING 02/13/12 PASSED SENATE 02/13/12 DELIVERED TO ASSEMBLY 02/13/12 REFERRED TO CODES

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.