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S1595Senate2019-2020 SessionSame asA6305

Count Drug Lab Fires as Arson

Official title

“Includes fires caused by the manufacture of a controlled substance within the crime of arson in the first degree”

Sponsor Thomas F. O'MaraSD-58Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands first-degree arson to include fires caused during the illegal manufacture of controlled substances.

Why it matters

  1. Targets meth labs and similar operations. By including fires started during the illegal manufacture of controlled substances, the bill directly addresses the dangers posed by clandestine drug labs, which are known for causing accidental and often deadly fires.

  2. Expands criminal liability. Individuals engaged in the illegal manufacture of drugs can now face the most serious arson charge—even if a fire was unintentional—if it results in property damage or personal injury, increasing potential penalties and deterrence.

  3. Protects residents and first responders. The change recognizes the heightened risk to people living in or near buildings where drugs are illegally produced, as well as to firefighters and police who may respond to resulting fires.

  4. Clarifies legal definitions. By linking the term “controlled substance” to the broader drug law, the bill ensures comprehensive coverage of all substances considered illegal, reducing ambiguity in prosecution.

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Who cares

Headline styles

Count Drug Lab Fires as Arson

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A6305Assembly

Drug Lab Fires Count as Arson

In Assembly Committee · Codes · Sponsor Philip Palmesano

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1595

2019-2020 Regular Sessions

IN SENATE

January 15, 2019

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.

LBD05820-01-9

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 including 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 1. amends subdivision 2 of section 150.20 of the penal law, as amended by chapter 950 of the laws of 1984

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

2018 - S7673

Fiscal implications

None to the state.

Effective date

This bill will take effect 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.