What's happening
This bill expands first-degree arson to include fires caused while manufacturing controlled substances, making such acts a felony.
Why it matters
Targets the dangers of drug manufacturing. By expanding first-degree arson to include fires started during the illegal manufacture of controlled substances, the bill addresses the significant risks meth labs and similar operations pose to occupants, neighbors, and first responders.
Increases accountability for drug-related fires. Individuals who accidentally or recklessly cause fires (injuring people or destroying property) while making drugs can now be prosecuted for first-degree arson—a much more serious felony—rather than only for drug offenses or lower-level arson.
Aims to deter hazardous clandestine labs. The law’s tougher penalties may discourage people from setting up illegal drug labs in residential or multi-occupancy buildings, where accidental fires can have especially severe consequences for innocent bystanders.
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Who cares
Headline styles
Drug Lab Fires Are Arson
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7673
IN SENATE
February 6, 2018
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 Assembly, 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 manufacturing, 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 manufacture a controlled substance in violation of article two hundred twenty 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.
LBD14458-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to includ- ing 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 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
New 2018
Fiscal implications
None.
Effective date
On the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.