Bill Text: NY A04735 | 2021-2022 | General Assembly | Introduced

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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 5-0)

Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A04735 Detail]

Download: New_York-2021-A04735-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4735

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2021
                                       ___________

        Introduced  by M. of A. SMITH -- 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.
                                                                   LBD06893-01-1