BILL NUMBER: S1522
SPONSOR: O'MARA
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
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
2019: S1595
2021: S5504
2025: S2179
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This bill will take effect on the sixtieth day after it shall have
become law.
Statutes affected: S1522: 150.20 penal law, 150.20(2) penal law