Bill Text: NY A03638 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates the presumption of intent to sell when a person is in possession of forty or more individual packages containing heroin with an aggregate weight of 4.0 grams.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2017-04-04 - held for consideration in codes [A03638 Detail]
Download: New_York-2017-A03638-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3638 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. GRAF, GIGLIO, LUPINACCI, CASTORINA, MALLIOTAKIS, GOODELL, PALMESANO -- Multi-Sponsored by -- M. of A. BLANKENBUSH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to 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 forty or more individ- 6 ual packages containing one or more preparations, compounds, mixtures or 7 substances of the controlled substance defined under paragraph eleven of 8 subdivision (c) of schedule I of section thirty-three hundred six of the 9 public health law and said preparations, compounds, mixtures or 10 substances are of an aggregate weight of 4.0 grams or more, is presump- 11 tive evidence that such person possessed such controlled substance with 12 intent to sell it. 13 § 2. This act shall take effect on the ninetieth day after it shall 14 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05703-01-7
