Bill Text: NY A02880 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law, in relation to criminal sale of controlled substances in or near school grounds, public playgrounds or municipal parks
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02880 Detail]
Download: New_York-2009-A02880-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2880
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. KOON, GUNTHER, ORTIZ, MILLMAN, WEISENBERG, GALEF,
MAGEE, EDDINGTON, ROBINSON, CANESTRARI -- Multi-Sponsored by -- M. of
A. ABBATE, CHRISTENSEN, CLARK, COLTON, DelMONTE, FIELDS, HOOPER, JOHN,
LAVINE, MAYERSOHN, REILLY, N. RIVERA, SWEENEY, TOWNS -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal sale of
controlled substances in or near school grounds, public playgrounds or
municipal parks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 220.00 of the penal law is amended by adding two
2 new subdivisions 18 and 19 to read as follows:
3 18. "PUBLIC PLAYGROUND" MEANS IN OR ON, OR WITHIN ANY BUILDING, STRUC-
4 TURE, ATHLETIC PLAYING FIELD OR OTHER FACILITY WITHIN THE REAL PROPERTY
5 BOUNDARY LINE OF LAND ESTABLISHED BY THE LOCAL GOVERNING BOARD OF ANY
6 COUNTY, TOWN, CITY OR VILLAGE FOR THE PURPOSE OF ALLOWING CITIZENS THE
7 USE THEREOF FOR RECREATIONAL ACTIVITIES, OR WITHIN ONE THOUSAND FEET OF
8 SUCH BOUNDARY LINE.
9 19. "MUNICIPAL PARK" MEANS IN OR ON, OR WITHIN ANY BUILDING, STRUC-
10 TURE, FACILITY OR LAND CONTAINED WITHIN THE REAL PROPERTY LINE OF MUNI-
11 CIPALLY OWNED LAND WHICH IS MANAGED AND DEDICATED FOR PARK OR RECRE-
12 ATIONAL PURPOSES, OR WITHIN ONE THOUSAND FEET OF SUCH BOUNDARY LINE, BUT
13 SHALL NOT INCLUDE STATE OWNED LAND WHICH IS DEDICATED FOR PARK OR RECRE-
14 ATIONAL PURPOSES.
15 S 2. Section 220.44 of the penal law, as amended by chapter 289 of the
16 laws of 1998, subdivisions 1 and 2 as amended by chapter 436 of the laws
17 of 2006, is amended to read as follows:
18 S 220.44 Criminal sale of a controlled substance in or near school
19 grounds, PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02288-01-9
A. 2880 2
1 A person is guilty of criminal sale of a controlled substance in or
2 near school grounds, PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS when he know-
3 ingly and unlawfully sells:
4 1. a controlled substance in violation of any one of subdivisions one
5 through six-a of section 220.34 of this article, when such sale takes
6 place upon school grounds or on a school bus OR WITHIN A PUBLIC PLAY-
7 GROUND OR MUNICIPAL PARK; or
8 2. a controlled substance in violation of any one of subdivisions one
9 through eight of section 220.39 of this article, when such sale takes
10 place upon school grounds or on a school bus OR WITHIN A PUBLIC PLAY-
11 GROUND OR MUNICIPAL PARK; or
12 3. a controlled substance in violation of any one of subdivisions one
13 through six of section 220.34 of this article, when such sale takes
14 place upon the grounds of a child day care or educational facility under
15 circumstances evincing knowledge by the defendant that such sale is
16 taking place upon such grounds; or
17 4. a controlled substance in violation of any one of subdivisions one
18 through eight of section 220.39 of this article, when such sale takes
19 place upon the grounds of a child day care or educational facility under
20 circumstances evincing knowledge by the defendant that such sale is
21 taking place upon such grounds.
22 5. For purposes of subdivisions three and four of this section, "the
23 grounds of a child day care or educational facility" means (a) in or on
24 or within any building, structure, athletic playing field, a playground
25 or land contained within the real property boundary line of a public or
26 private child day care center as such term is defined in paragraph (c)
27 of subdivision one of section three hundred ninety of the social
28 services law, or nursery, pre-kindergarten or kindergarten, or (b) any
29 area accessible to the public located within one thousand feet of the
30 real property boundary line comprising any such facility or any parked
31 automobile or other parked vehicle located within one thousand feet of
32 the real property boundary line comprising any such facility. For the
33 purposes of this section an "area accessible to the public" shall mean
34 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
35 rants.
36 6. For the purposes of this section, a rebuttable presumption shall be
37 established that a person has knowledge that they are within the grounds
38 of a child day care or educational facility when notice is conspicuously
39 posted of the presence or proximity of such facility.
40 Criminal sale of a controlled substance in or near school grounds,
41 PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS is a class B felony.
42 S 3. Subdivision 7 of section 220.34 of the penal law, as amended by
43 chapter 436 of the laws of 2006, is amended to read as follows:
44 7. a controlled substance in violation of section 220.31 of this arti-
45 cle, when such sale takes place upon school grounds or on a school bus
46 OR IN A PUBLIC PLAYGROUND OR A MUNICIPAL PARK; or
47 S 4. Subparagraph (i) of paragraph (a) of subdivision 2 of section
48 70.70 of the penal law, as amended by chapter 436 of the laws of 2006,
49 is amended to read as follows:
50 (i) for a class B felony, the term shall be at least one year and
51 shall not exceed nine years, except that for the class B felony of crim-
52 inal sale of a controlled substance in or near school grounds as defined
53 in subdivision two of section 220.44 of this chapter or on a school bus
54 as defined in subdivision seventeen of section 220.00 of this chapter OR
55 ON A PUBLIC PLAYGROUND AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION
56 220.00 OF THIS CHAPTER OR IN A MUNICIPAL PARK AS DEFINED IN SUBDIVISION
A. 2880 3
1 NINETEEN OF SECTION 220.00 OF THIS CHAPTER, the term shall be at least
2 two years and shall not exceed nine years;
3 S 5. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
