What's happening
This bill expands arson laws to include fires or explosions caused while committing or attempting controlled substance felonies.
Why it matters
Targets drug-related fires. By specifically including fires or explosions set during the commission or attempted commission of controlled substance felonies (like meth labs), the bill addresses a common way illegal drug activity endangers public safety.
Expands prosecutorial options. Prosecutors will have new grounds to charge individuals with arson even if they did not intend to start a fire, as long as it happened while committing a drug felony—potentially leading to harsher penalties for dangerous drug manufacturing practices.
Aims to deter hazardous drug activity. The threat of arson charges may discourage risky behaviors (such as operating clandestine drug labs) that frequently result in fires or explosions, ultimately seeking to protect neighbors, first responders, and property.
Closes legal loopholes. Previously, arson charges may have hinged on intent or recklessness specifically regarding fire; this expansion ensures that causing a fire during drug crimes doesn’t escape serious criminal liability, even if the fire was accidental.
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Increase Arson Penalties for Felonies
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Felony Arson
In Senate Committee · Codes · Sponsor James L. Seward
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7179
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
Introduced by M. of A. BUTTENSCHON, COLTON, D'URSO, SAYEGH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the causation of a fire or explosion during the course of committing or attempting to commit a controlled substance felony
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 150.05 of the penal law, as amended by chapter 225 of the laws of 1979, is amended to read as follows: § 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he:
(a) recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion[.]; or
(b) damages a building or motor vehicle by fire or by explosion in the course of the commission or attempted commission of a felony as defined in article two hundred twenty of this chapter.
2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
§ 2. Section 150.10 of the penal law, as amended by chapter 225 of the laws of 1979, is amended to read as follows: § 150.10 Arson in the third degree.
1. A person is guilty of arson in the third degree when he:
(a) intentionally damages a building or motor vehicle by starting a fire or causing an explosion[.]; or
(b) recklessly damages a building or motor vehicle by fire or by explosion in the course of the commission or attempted commission of a felony as defined in article two hundred twenty of this chapter.
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprie-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09560-01-9
A. 7179 2
tary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.
Arson in the third degree is a class C felony.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.