What's happening
This bill expands arson laws to include fires or explosions caused during the commission or attempted commission of controlled substance felonies.
Why it matters
Expands criminal liability. for fires or explosions caused while committing or attempting controlled substance felonies (such as drug manufacturing or trafficking), even if the fire was not set intentionally, making it easier to prosecute individuals for arson in these circumstances.
Targets dangerous drug-related activities. (e.g., meth labs or other illicit drug operations) that frequently result in accidental fires or explosions, aiming to enhance public safety and deter hazardous drug production methods.
Allows for higher-level felony charges. (third or fourth degree arson) for those whose actions during controlled substance felonies result in property damage by fire or explosion, potentially leading to longer sentences or greater judicial leverage in prosecution.
Narrows affirmative defenses. , since someone prosecuted under the new provisions must show no one else had an interest in the damaged property, and in higher degrees, that there was no risk to others—placing a greater burden on defendants involved in drug-related fires or explosions.
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Who cares
Headline styles
Tougher Penalties for Felony Arson
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.
Increase Arson Penalties for Felonies
In Assembly Committee · Codes · Sponsor Marianne Buttenschon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3927
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. SEWARD, AKSHAR, ANTONACCI, RANZENHOFER, TEDISCO -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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09560-01-9
S. 3927 2
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprietary 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.
Sponsor's memo
Title of bill
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
Purpose
To provide for criminal liability for Arson for a person who causes a fire or explosion during the course of committing a controlled substance felony.
Summary of provisions
Section one would add a subdivision to Penal Law § 150.05 (Arson in the fourth degree) making it a class E felony if a person "damages a build- ing or motor vehicle by fire or explosion in the course of the commis- sion or attempted commission of a felony defined in Article 220" of the Penal Law.
Section two would add a subdivision to Penal Law § 150.10 (Arson in the third degree) making it a class C felony if a person "recklessly damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony as defined in Article 220" of the Penal Law.
Justification
The manufacturing process for methamphetamine, cocaine free base and other drugs often involves the use of a flamed heat source and/or vola- tile chemicals. A person who engages in such conduct endangers innocent persons who may be in close proximity to the manufacturing site. That was the case in the Village of Homer, New York on September 2, 2016, when a resident of a multi-unit building was killed after a fire broke out.during the process of manufacturing methamphetamine. Subsequent to that fire, two more fires were caused in the same manner in apartment buildings in nearby Cortland, New York. This legislation would establish the penalty of a class E felony for persons who cause a fire or explo- sion during a drug manufacturing process and for a class C felony for persons who recklessly cause a fire or explosion during a drug manufac- turing process.
Legislative history
S. 7199A of 2017-2018, passed senate.
Fiscal implications
None
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.