Bill Text: NY A00050 | 2021-2022 | General Assembly | Introduced
Bill Title: Relating to the criminal sale of a controlled substance in or near school grounds; relates to drug free school zones.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00050 Detail]
Download: New_York-2021-A00050-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 50 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. QUART, EPSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the administrative code of the city of New York, the general business law, the penal law, and the vehicle and traffic law, in relation to the criminal sale of a controlled substance in or near school grounds; and to repeal section 220.44 of the penal law and section 317 of the highway law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 220.44 of the penal law is REPEALED. 2 § 2. Section 317 of the highway law is REPEALED. 3 § 3. Subparagraph i of paragraph 7 of subdivision a of section 9-131 4 of the administrative code of the city of New York, as amended by chap- 5 ter 189 of the laws of 2018, is amended to read as follows: 6 i. a felony defined in any of the following sections of the penal law: 7 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 8 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 9 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 10 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 11 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 12 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 13 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 14 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 15 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 16 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 17 [220.44,] 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 18 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 19 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 20 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 21 265.01-b, 265.02(2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01659-01-1A. 50 2 1 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 2 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 3 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 4 490.45, 490.47, 490.50, or 490.55; 5 § 4. Subparagraph i of paragraph 6 of subdivision a of section 14-154 6 of the administrative code of the city of New York, as amended by chap- 7 ter 189 of the laws of 2018, is amended to read as follows: 8 i. a felony defined in any of the following sections of the penal law: 9 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 10 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 11 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 12 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 13 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 14 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 15 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 16 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 17 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 18 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 19 [220.44,] 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 20 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 21 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 22 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 23 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 24 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 25 265.35(2), 270.30, 270.35, 405.16(l), 405.18, 460.22, 470.21, 470.22, 26 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 27 490.40, 490.45, 490.47, 490.50, or 490.55; 28 § 5. Subdivision 13 of section 89-f of the general business law, as 29 added by chapter 336 of the laws of 1992, is amended to read as follows: 30 13. "Serious offense" shall mean any felony involving the offenses 31 enumerated in the closing paragraph of this subdivision; a criminal 32 solicitation of or a conspiracy to commit or an attempt to commit or a 33 criminal facilitation of a felony involving the offenses enumerated in 34 the closing paragraph of this subdivision, which criminal solicitation, 35 conspiracy, attempt or criminal facilitation itself constitutes a felony 36 or any offense in any other jurisdiction which if committed in this 37 state would constitute a felony; any offense in any other jurisdiction 38 which if committed in this state would constitute a felony provided that 39 for the purposes of this article, none of the following shall be consid- 40 ered criminal convictions or reported as such: (i) a conviction for 41 which an executive pardon has been issued pursuant to the executive law; 42 (ii) a conviction which has been vacated and replaced by a youthful 43 offender finding pursuant to article seven hundred twenty of the crimi- 44 nal procedure law, or the applicable provisions of law of any other 45 jurisdiction; or (iii) a conviction the records of which have been 46 sealed pursuant to the applicable provisions of the laws of this state 47 or of any other jurisdiction; and (iv) a conviction for which other 48 evidence of successful rehabilitation to remove the disability has been 49 issued. 50 Felonies involving: assault, aggravated assault and reckless endanger- 51 ment pursuant to article one hundred twenty; vehicular manslaughter, 52 manslaughter and murder pursuant to article one hundred twenty-five; sex 53 offenses pursuant to article one hundred thirty; unlawful imprisonment, 54 kidnapping or coercion pursuant to article one hundred thirty-five; 55 criminal trespass and burglary pursuant to article one hundred forty; 56 criminal mischief, criminal tampering and tampering with a consumerA. 50 3 1 product pursuant to article one hundred forty-five; arson pursuant to 2 article one hundred fifty; larceny and offenses involving theft pursuant 3 to article one hundred fifty-five; offenses involving computers pursuant 4 to article one hundred fifty-six; robbery pursuant to article one 5 hundred sixty; criminal possession of stolen property pursuant to arti- 6 cle one hundred sixty-five; forgery and related offenses pursuant to 7 article one hundred seventy; involving false written statements pursuant 8 to article one hundred seventy-five; commercial bribing and commercial 9 bribe receiving pursuant to article one hundred eighty; criminal imper- 10 sonation and scheme to defraud pursuant to article one hundred ninety; 11 bribery involving public servants and related offenses pursuant to arti- 12 cle two hundred; perjury and related offenses pursuant to article two 13 hundred ten; tampering with a witness, intimidating a victim or witness 14 and tampering with physical evidence pursuant to article two hundred 15 fifteen; criminal possession of a controlled substance pursuant to 16 sections 220.06, 220.09, 220.16, 220.18 and 220.21; criminal sale of a 17 controlled substance pursuant to sections 220.31, 220.34, 220.39, 18 220.41[,] and 220.43 [and 220.44]; criminal sale of marijuana pursuant 19 to sections 221.45, 221.50 and 221.55; riot in the first degree, aggra- 20 vated harassment in the first degree, criminal nuisance in the first 21 degree and falsely reporting an incident in the second or first degree 22 pursuant to article two hundred forty; and crimes against public safety 23 pursuant to article two hundred sixty-five of the penal law. 24 § 6. Subdivision 21 of section 10.00 of the penal law, as added by 25 chapter 1 of the laws of 2013, is amended to read as follows: 26 21. "Drug trafficking felony" means any of the following offenses 27 defined in article two hundred twenty of this chapter: violation of use 28 of a child to commit a controlled substance offense as defined in 29 section 220.28; criminal sale of a controlled substance in the fourth 30 degree as defined in section 220.34; criminal sale of a controlled 31 substance in the third degree as defined in section 220.39; criminal 32 sale of a controlled substance in the second degree as defined in 33 section 220.41; criminal sale of a controlled substance in the first 34 degree as defined in section 220.43; [criminal sale of a controlled35substance in or near school grounds as defined in section 220.44;] 36 unlawful manufacture of methamphetamine in the second degree as defined 37 in section 220.74; unlawful manufacture of methamphetamine in the first 38 degree as defined in section 220.75; or operating as a major trafficker 39 as defined in section 220.77. 40 § 7. Subparagraph (i) of paragraph (a) of subdivision 2 of section 41 70.70 of the penal law, as amended by section 21 of part AAA of chapter 42 56 of the laws of 2009, is amended to read as follows: 43 (i) for a class B felony, the term shall be at least one year and 44 shall not exceed nine years, except that for the class B felony of crim- 45 inal sale of a controlled substance [in or near school grounds as46defined in subdivision two of section 220.44 of this chapter or] on a 47 school bus as defined in subdivision seventeen of section 220.00 of this 48 chapter or criminal sale of a controlled substance to a child as defined 49 in section 220.48 of this chapter, the term shall be at least two years 50 and shall not exceed nine years; 51 § 8. Subdivision 8 of section 220.34 of the penal law, as amended by 52 chapter 264 of the laws of 2003, is amended to read as follows: 53 8. a controlled substance in violation of section 220.31 of this arti- 54 cle, when such sale takes place upon the grounds of a child day care or 55 educational facility under circumstances evincing knowledge by the 56 defendant that such sale is taking place upon such grounds. [As used inA. 50 4 1this subdivision, the phrase "the grounds of a child day care or educa-2tional facility" shall have the same meaning as provided for in subdivi-3sion five of section 220.44 of this article.] For the purposes of this 4 subdivision, a rebuttable presumption shall be established that a person 5 has knowledge that they are within the grounds of a child day care or 6 educational facility when notice is conspicuously posted of the presence 7 or proximity of such facility; or 8 § 9. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle 9 and traffic law, as amended by chapter 400 of the laws of 2011, is 10 amended to read as follows: 11 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 12 subdivision one and paragraph (b) of subdivision two of this section 13 that result in permanent disqualification shall include a conviction 14 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 15 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 16 220.21, 220.39, 220.41, 220.43, [220.44,] 230.25, 260.00, 265.04 of the 17 penal law or an attempt to commit any of the aforesaid offenses under 18 section 110.00 of the penal law, or any offenses committed under a 19 former section of the penal law which would constitute violations of the 20 aforesaid sections of the penal law, or any offenses committed outside 21 this state which would constitute violations of the aforesaid sections 22 of the penal law. 23 § 10. This act shall take effect immediately.
