Bill Text: NY A09793 | 2009-2010 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-04 - print number 9793a [A09793 Detail]

Download: New_York-2009-A09793-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9793--A
                                 I N  A S S E M B L Y
                                   January 28, 2010
                                      ___________
       Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
         Committee on Codes --  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 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  S 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 KNOWING
    7  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
   25  LINE COMPRISING SUCH A FACILITY OR METHADONE CLINIC. FOR THE PURPOSES OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15107-03-0
       A. 9793--A                          2
    1  THIS SECTION, "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS,  STREETS,
    2  PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
    3    3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
    4  ESTABLISHED  THAT  A  DEFENDANT HAS KNOWLEDGE THAT HE OR SHE IS UPON THE
    5  GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN NOTICE  IS  CONSPICU-
    6  OUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A DRUG OR ALCOHOL TREATMENT
    7  CENTER OR METHADONE CLINIC.
    8    CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG OR
    9  ALCOHOL TREATMENT CENTER IS A CLASS B FELONY.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.