S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1749
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 criminal possession of a
         weapon while in unlawful possession of a controlled substance or mari-
         huana
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 265.18 to
    2  read as follows:
    3  S 265.18 CRIMINAL POSSESSION OF A WEAPON WHILE IN UNLAWFUL POSSESSION OF
    4             A CONTROLLED SUBSTANCE OR MARIHUANA.
    5    A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE IN  UNLAW-
    6  FUL  POSSESSION  OF  A  CONTROLLED SUBSTANCE OR MARIHUANA WHEN HE OR SHE
    7  PHYSICALLY POSSESSES A WEAPON IN VIOLATION OF  SECTION  265.01  OF  THIS
    8  ARTICLE  WHILE,  AT  THE  SAME  TIME,  HE  OR SHE PHYSICALLY POSSESSES A
    9  CONTROLLED SUBSTANCE IN VIOLATION OF  SECTION  220.03  OR  MARIHUANA  IN
   10  VIOLATION OF SECTION 221.15 OF THIS CHAPTER.
   11    CRIMINAL  POSSESSION  OF  A  WEAPON  WHILE IN UNLAWFUL POSSESSION OF A
   12  CONTROLLED SUBSTANCE OR MARIHUANA IS A CLASS E FELONY.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02995-01-3