Bill Text: NY A09203 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the offense of criminal sale of a controlled substance upon the grounds of a library as a class B felony; applies to public and association libraries.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-04-14 - reference changed to codes [A09203 Detail]

Download: New_York-2009-A09203-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9203--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   October 21, 2009
                                      ___________
       Introduced  by  M. of A. GUNTHER, SKARTADOS -- read once and referred to
         the Committee on Transportation -- recommitted  to  the  Committee  on
         Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the  penal  law,  in  relation to criminal sale of a
         controlled substance upon the grounds of a library
         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 220.61 to
    2  read as follows:
    3  S  220.61  CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A
    4             LIBRARY.
    5    1. A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE  UPON
    6  THE GROUNDS OF A LIBRARY WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS A
    7  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  PUBLIC
   10  LIBRARY OR ASSOCIATION LIBRARY AS THOSE TERMS ARE DEFINED IN SUBDIVISION
   11  TWO OF SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW; OR
   12    (B)  ANY  OF  THE  SUBDIVISIONS ONE THROUGH EIGHT OF SECTION 220.39 OF
   13  THIS ARTICLE, WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS  OF  A  PUBLIC
   14  LIBRARY OR ASSOCIATION LIBRARY AS THOSE TERMS ARE DEFINED IN SUBDIVISION
   15  TWO OF SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   16    2.  FOR  THE  PURPOSES  OF  THIS  SECTION, "ON THE GROUNDS OF A PUBLIC
   17  LIBRARY OR ASSOCIATION LIBRARY" MEANS:
   18    (A) IN, ON OR WITHIN ANY BUILDING,  STRUCTURE,  PARKING  LOT  OR  LAND
   19  CONTAINED  WITHIN  THE REAL PROPERTY BOUNDARY LINE OF ANY PUBLIC LIBRARY
   20  OR ASSOCIATION LIBRARY AS THOSE TERMS ARE DEFINED IN SUBDIVISION TWO  OF
   21  SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14732-03-0
       A. 9203--A                          2
    1    (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET
    2  OF  THE  REAL  PROPERTY  BOUNDARY  LINE COMPRISING ANY PUBLIC LIBRARY OR
    3  ASSOCIATION LIBRARY AS THOSE TERMS ARE DEFINED  IN  SUBDIVISION  TWO  OF
    4  SECTION TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
    5    3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
    6  ESTABLISHED  THAT  A  DEFENDANT HAS KNOWLEDGE THAT HE OR SHE IS UPON THE
    7  GROUNDS OF A PUBLIC  LIBRARY  OR  ASSOCIATION  LIBRARY  WHEN  NOTICE  IS
    8  CONSPICUOUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A PUBLIC LIBRARY OR
    9  ASSOCIATION LIBRARY.
   10    CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A LIBRARY
   11  IS A CLASS B FELONY.
   12    S 2. This act shall take effect on the first of November next succeed-
   13  ing the date on which it shall have become a law.