Bill Text: NY A06838 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-05-14 - held for consideration in codes [A06838 Detail]

Download: New_York-2023-A06838-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6838

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal  law,  in  relation  to  criminal  sale  of  a
          controlled  substance  upon the grounds of a drug or alcohol treatment
          center

          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 220.66 to
     2  read as follows:
     3  § 220.66 Criminal sale of a controlled substance upon the grounds  of  a
     4             drug or alcohol treatment center.
     5    1.  A person is guilty of criminal sale of a controlled substance upon
     6  the grounds of a drug or alcohol treatment center when he or  she  know-
     7  ingly and unlawfully sells a controlled substance in violation of:
     8    (a)  any  one  of  subdivisions one through six-a of section 220.34 of
     9  this article, when such sale takes place upon the grounds of a  drug  or
    10  alcohol treatment center; or
    11    (b)  any  one  of  subdivisions one through eight of section 220.39 of
    12  this article, when such sale takes place upon the grounds of a  drug  or
    13  alcohol treatment center.
    14    2.  For  the  purposes of this section, "upon the grounds of a drug or
    15  alcohol treatment center" means (a)  in,  on  or  within  any  building,
    16  structure, parking lot or land contained within the real property bound-
    17  ary line of any facility which provides chemical dependence services, as
    18  defined  in subdivision fifty-five of section 1.03 of the mental hygiene
    19  law, or a methadone clinic, or (b) any area  accessible  to  the  public
    20  located  within  one  thousand  feet  of the real property boundary line
    21  comprising any facility which provides chemical dependence services,  as
    22  defined  in subdivision fifty-five of section 1.03 of the mental hygiene
    23  law, or any methadone clinic, or any parked automobile or  other  parked
    24  vehicle  located  within one thousand feet of the real property boundary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09091-02-3
        A. 6838                             2

     1  line comprising such a facility or methadone clinic. For the purposes of
     2  this section, "area accessible to the public" means sidewalks,  streets,
     3  parking lots, parks, playgrounds, stores and restaurants.
     4    3. For the purposes of this section, a rebuttable presumption shall be
     5  established  that  a  defendant has knowledge that he or she is upon the
     6  grounds of a drug or alcohol treatment center when notice  is  conspicu-
     7  ously posted of the presence or proximity of a drug or alcohol treatment
     8  center or methadone clinic.
     9    Criminal  sale of a controlled substance upon the grounds of a drug or
    10  alcohol treatment center is a class B felony.
    11    § 2. This act shall take effect on the first of November next succeed-
    12  ing the date on which it shall have become a law.