Bill Text: NY A05096 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the presumption of intent to sell: possession of thirty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.

Spectrum: Partisan Bill (Republican 23-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05096 Detail]

Download: New_York-2019-A05096-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5096
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M. of A. RAIA, ASHBY, CROUCH, FRIEND, PALMESANO, GIGLIO,
          BLANKENBUSH, McDONOUGH, MORINELLO, FINCH, MIKULIN, SMITH, KOLB -- read
          once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to creating a presumption  of
          intent to sell
          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 220.26  to
     2  read as follows:
     3  § 220.26 Presumption of intent to sell.
     4    For the purposes of a prosecution of a charge under subdivision one of
     5  section  220.16  of this article, the possession of thirty or more indi-
     6  vidual packages containing the controlled substance defined under  para-
     7  graph  eleven  of  subdivision (c) of schedule I of section thirty-three
     8  hundred six of the public health  law  and/or  the  possession  of  such
     9  controlled  substance  in  an  amount having an aggregate value of three
    10  hundred dollars or  more,  is  presumptive  evidence  that  such  person
    11  possessed such controlled substance with intent to sell it.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04374-02-9