Bill Text: NY A06426 | 2019-2020 | 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: Strong Partisan Bill (Republican 12-1)

Status: (Introduced) 2019-03-07 - referred to codes [A06426 Detail]

Download: New_York-2019-A06426-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
        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
          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.