Bill Text: NY S01913 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01913 Detail]

Download: New_York-2021-S01913-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1913

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sens. AKSHAR, HELMING -- 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  sale  of  a
          controlled  substance  upon the grounds of a drug or alcohol treatment
          center

          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 220.66 to
     2  read as follows:
     3  § 220.66 Criminal sale of a controlled substance upon the grounds  of  a
     4             drug or alcohol treatment center.
     5    1.  A person is guilty of criminal sale of a controlled substance upon
     6  the grounds of a drug or alcohol treatment center when he or she knowing
     7  and unlawfully sells a controlled substance in violation of:
     8    (a) any one of subdivisions one through six-a  of  section  220.34  of
     9  this  article,  when such sale takes place upon the grounds of a drug or
    10  alcohol treatment center; or
    11    (b) any one of subdivisions one through eight  of  section  220.39  of
    12  this  article,  when such sale takes place upon the grounds of a drug or
    13  alcohol treatment center.
    14    2. For the purposes of this section, "upon the grounds of  a  drug  or
    15  alcohol  treatment  center"  means  (a)  in,  on or within any building,
    16  structure, parking lot or land contained within the real property bound-
    17  ary line of any facility which provides chemical dependence services, as
    18  defined in subdivision fifty-five of section 1.03 of the mental  hygiene
    19  law,  or  a  methadone  clinic, or (b) any area accessible to the public
    20  located within one thousand feet of  the  real  property  boundary  line
    21  comprising  any facility which provides chemical dependence services, as
    22  defined in subdivision fifty-five of section 1.03 of the mental  hygiene
    23  law,  or  any methadone clinic, or any parked automobile or other parked
    24  vehicle located within one thousand feet of the real  property  boundary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03899-01-1
        S. 1913                             2

     1  line comprising such a facility or methadone clinic. For the purposes of
     2  this  section, "area accessible to the public" means sidewalks, streets,
     3  parking lots, parks, playgrounds, stores and restaurants.
     4    3. For the purposes of this section, a rebuttable presumption shall be
     5  established  that  a  defendant has knowledge that he or she is upon the
     6  grounds of a drug or alcohol treatment center when notice  is  conspicu-
     7  ously posted of the presence or proximity of a drug or alcohol treatment
     8  center or methadone clinic.
     9    Criminal  sale of a controlled substance upon the grounds of a drug or
    10  alcohol treatment center is a class B felony.
    11    § 2. This act shall take effect on the first of November next succeed-
    12  ing the date on which it shall have become a law.