Bill Text: NY S04341 | 2009-2010 | General Assembly | Introduced
Bill Title: Increases fines and penalties for the illegal sale or possession of a controlled substance and marihuana; provides for the posting of drug-free school zone signs and provides enhanced penalties for possession or sale of drugs within such zones; defines "designer drug" and "crack"; imposes a mandatory five year minimum sentence and a $25,000 fine on persons convicted of possession or sale of a controlled substance or marijuana while in possession of a firearm.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S04341 Detail]
Download: New_York-2009-S04341-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4341 2009-2010 Regular Sessions I N S E N A T E April 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing increased fines, treatment, and imprisonment for persons convicted of the sale or possession of controlled substances or marihuana, to amend the public health law, in relation to controlled substances, to amend the mental hygiene law, in relation to alcohol and substance abuse, to amend the criminal procedure law, in relation to possession of either controlled substances or marihuana and a firearm, and to amend the highway law, in relation to posting drug-free school zone signs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature finds that the preva- 2 lence of illegal drug sales and use, particularly of the "crack" form of 3 cocaine, and the proliferation of crimes of violence and crimes against 4 property associated with drugs has become such a threat to the public 5 safety and welfare that an extraordinary effort on the part of state 6 government and its citizens is necessary to eliminate this danger. The 7 legislature further finds that a comprehensive approach to the problem, 8 paying attention to the needs of schools and treatment programs as well 9 as those of the police and the courts, is needed to ensure success. The 10 legislature also finds that additional sources of funding to support an 11 attack on drugs are needed and that it is more appropriate to place the 12 financial burden directly upon offenders themselves, through forfeiture 13 of crime-related assets and fines. 14 S 2. The penal law is amended by adding a new section 70.17 to read as 15 follows: 16 S 70.17 MANDATORY TERM OF IMPRISONMENT FOR POSSESSION OR SALE OF 17 CONTROLLED SUBSTANCES OR MARIHUANA WHILE IN POSSESSION OF A 18 FIREARM. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06440-02-9 S. 4341 2 1 NOTWITHSTANDING THE PROVISIONS OF SECTION 70.25 OF THIS ARTICLE, ANY 2 PERSON WHO IS FOUND GUILTY OF OR PLEADS GUILTY TO A VIOLATION OF ARTICLE 3 TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS CHAPTER CONSISTING 4 OF THE FELONIOUS POSSESSION OR SALE OF A CONTROLLED SUBSTANCE OR MARI- 5 HUANA AND WHO POSSESSED A FIREARM, SHOTGUN, RIFLE, OR MACHINE-GUN, AS 6 DEFINED IN SECTION 265.00 OF THIS CHAPTER, WHILE COMMITTING SUCH CRIME 7 OR CRIMES, SHALL, IN ADDITION TO THE PENALTY PRESCRIBED BY ANY OTHER 8 PROVISION OF LAW, BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT WHICH 9 MUST BE FIXED AND SPECIFIED BY THE COURT IN THE SENTENCE OF NOT LESS 10 THAN FIVE YEARS NOR MORE THAN TEN YEARS, SUCH TERM TO RUN CONSECUTIVELY 11 WITH RESPECT TO ANY OTHER TERM THAT MAY BE IMPOSED BY THE COURT, AND 12 SUCH PERSON SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWENTY-FIVE 13 THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS. 14 S 3. Section 80.00 of the penal law is amended by adding a new subdi- 15 vision 1-a to read as follows: 16 1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS 17 SECTION, A SENTENCE TO PAY A FINE FOR CONVICTION OF CRIMINAL SALE OF 18 MARIHUANA IN THE FIFTH DEGREE, CRIMINAL SALE OF MARIHUANA IN THE FOURTH 19 DEGREE, CRIMINAL SALE OF MARIHUANA IN THE THIRD DEGREE, CRIMINAL SALE OF 20 MARIHUANA IN THE SECOND DEGREE, CRIMINAL SALE OF MARIHUANA IN THE FIRST 21 DEGREE, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, 22 CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE, CRIMINAL 23 SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE, CRIMINAL SALE OF A 24 CONTROLLED SUBSTANCE IN THE SECOND DEGREE, OR CRIMINAL SALE OF A 25 CONTROLLED SUBSTANCE IN THE FIRST DEGREE SHALL BE A SENTENCE TO PAY ANY 26 AMOUNT TO BE FIXED BY THE COURT, NOT TO EXCEED FIVE MILLION DOLLARS. 27 S 4. Subdivision 14 of section 220.00 of the penal law, as amended by 28 chapter 292 of the laws of 1994, is amended and a new subdivision 14-a 29 is added to read as follows: 30 14. "School grounds" means (a) in [or], on, or within any building, 31 structure, athletic playing field, playground, or land contained within 32 the real property boundary line of a public or private elementary, paro- 33 chial, intermediate, junior high, vocational, or high school, INCLUDING 34 ANY BUILDING UTILIZED FOR THE INSTRUCTION OF PERSONS LESS THAN NINETEEN 35 YEARS OF AGE OR FOR ORGANIZED SCHOOL-RELATED ACTIVITIES INVOLVING 36 PERSONS LESS THAN NINETEEN YEARS OF AGE, IN, ON, OR WITHIN ANY SCHOOL 37 BUS, OR WITHIN ONE THOUSAND FEET OF A SCHOOL BUS DISCHARGING PASSENGERS, 38 or (b) any area accessible to the public located within one thousand 39 feet of the real property boundary line comprising any such school or 40 any parked automobile or other parked vehicle located within one thou- 41 sand feet of the real property boundary line comprising any such school. 42 For the purposes of this section an "area accessible to the public" 43 shall mean sidewalks, streets, parking lots, parks, playgrounds, stores 44 and restaurants. 45 14-A. "PARK GROUNDS OR PLAYGROUNDS" MEANS IN, ON, OR WITHIN ANY BUILD- 46 ING OR STRUCTURE OR ANY FIELDS, LANDS, OR GROUNDS OWNED, LEASED, OR 47 MAINTAINED BY THE STATE OR ANY AGENCY OR MUNICIPALITY THEREOF OR BY ANY 48 NOT-FOR-PROFIT CORPORATION OR ELEEMOSYNARY INSTITUTION, CORPORATION, OR 49 ASSOCIATION FOR THE PURPOSES OF RECREATION OR LEISURE. 50 S 5. Section 220.00 of the penal law is amended by adding two new 51 subdivisions 21 and 22 to read as follows: 52 21. "DESIGNER DRUG" MEANS ANY SUBSTANCE, OTHER THAN A CONTROLLED 53 SUBSTANCE, THAT HAS A CHEMICAL STRUCTURE SUBSTANTIALLY SIMILAR TO THAT 54 OF A CONTROLLED SUBSTANCE LISTED IN SCHEDULE I OR II OF SECTION THIRTY- 55 THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW OR THAT WAS SPECIFICALLY S. 4341 3 1 DESIGNED TO PRODUCE AN EFFECT SUBSTANTIALLY SIMILAR TO THAT OF ANY 2 CONTROLLED SUBSTANCE LISTED IN SUCH SCHEDULES. 3 22. "CRACK" MEANS CONCENTRATED COCAINE CONTAINING AT LEAST SEVENTY 4 PERCENT PURE COCAINE. 5 S 6. The penal law is amended by adding a new section 220.22 to read 6 as follows: 7 S 220.22 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN OR NEAR SCHOOL 8 GROUNDS, PARK GROUNDS, OR PLAYGROUNDS. 9 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN 10 OR NEAR SCHOOL GROUNDS, PARK GROUNDS, OR PLAYGROUNDS WHEN HE OR SHE 11 KNOWINGLY AND UNLAWFULLY POSSESSES A CONTROLLED SUBSTANCE IN VIOLATION 12 OF THIS CHAPTER AND SUCH POSSESSION TAKES PLACE UPON SCHOOL GROUNDS, 13 PARK GROUNDS, OR PLAYGROUNDS. 14 A PERSON WHO VIOLATES THIS SECTION SHALL BE GUILTY OF: 15 1. A CLASS A-I FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS A-II 16 FELONY; 17 2. A CLASS A-II FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS B FELO- 18 NY; 19 3. A CLASS B FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS C FELONY; 20 4. A CLASS C FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS D FELONY; 21 5. A CLASS D FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS E FELONY; 22 AND 23 6. A CLASS E FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS A MISDEMEA- 24 NOR. 25 S 7. Section 220.25 of the penal law is amended by adding a new subdi- 26 vision 3 to read as follows: 27 3. THE CRIMINAL POSSESSION OF A NARCOTIC DRUG, SEPARATELY PACKAGED 28 INTO TEN OR MORE INDIVIDUAL CONTAINERS, IS PRESUMPTIVE EVIDENCE OF 29 INTENT TO SELL SUCH NARCOTIC DRUG. 30 S 8. Subdivision 7 of section 220.34 of the penal law, as amended by 31 chapter 436 of the laws of 2006, is amended to read as follows: 32 7. a controlled substance in violation of section 220.31 of this arti- 33 cle, when such sale takes place upon school grounds, PARK GROUNDS, PLAY- 34 GROUNDS, or on a school bus; or 35 S 9. Subdivision 7 of section 220.41 of the penal law, as amended by 36 chapter 75 of the laws of 1995, is amended and a new subdivision 8 is 37 added to read as follows: 38 7. methadone and the methadone weighs three hundred sixty milligrams 39 or more[.]; OR 40 8. ANY QUANTITY OF CRACK. 41 S 10. Section 220.44 of the penal law, as amended by chapter 289 of 42 the laws of 1998, subdivisions 1 and 2 as amended by chapter 436 of the 43 laws of 2006, is amended to read as follows: 44 S 220.44 Criminal sale of a controlled substance in or near school 45 grounds, PARK GROUNDS, OR PLAYGROUNDS. 46 A person is guilty of criminal sale of a controlled substance in or 47 near school grounds, PARK GROUNDS, OR PLAYGROUNDS when he OR SHE know- 48 ingly and unlawfully sells: 49 1. a controlled substance in violation of any one of subdivisions one 50 through six-a of section 220.34 of this article, when such sale takes 51 place upon school grounds, PARK GROUNDS, PLAYGROUNDS, or on a school 52 bus; or 53 2. a controlled substance in violation of any one of subdivisions one 54 through eight of section 220.39 of this article, when such sale takes 55 place upon school grounds, PARK GROUNDS, PLAYGROUNDS, or on a school 56 bus; or S. 4341 4 1 3. a controlled substance in violation of any one of subdivisions one 2 through six of section 220.34 of this article, when such sale takes 3 place upon the grounds of a child day care or educational facility under 4 circumstances evincing knowledge by the defendant that such sale is 5 taking place upon such grounds; or 6 4. a controlled substance in violation of any one of subdivisions one 7 through eight of section 220.39 of this article, when such sale takes 8 place upon the grounds of a child day care or educational facility under 9 circumstances evincing knowledge by the defendant that such sale is 10 taking place upon such grounds. 11 5. For purposes of subdivisions three and four of this section, "the 12 grounds of a child day care or educational facility" means (a) in [or], 13 on, or within any building, structure, athletic playing field, a play- 14 ground or land contained within the real property boundary line of a 15 public or private child day care center as such term is defined in para- 16 graph (c) of subdivision one of section three hundred ninety of the 17 social services law, or nursery, pre-kindergarten or kindergarten, or 18 (b) any area accessible to the public located within one thousand feet 19 of the real property boundary line comprising any such facility or any 20 parked automobile or other parked vehicle located within one thousand 21 feet of the real property boundary line comprising any such facility. 22 For the purposes of this section an "area accessible to the public" 23 shall mean sidewalks, streets, parking lots, parks, playgrounds, stores 24 and restaurants. 25 6. For the purposes of this section, a rebuttable presumption [shall 26 be] IS HEREBY established that a person has knowledge that [they are] HE 27 OR SHE IS within the grounds of a child day care or educational facility 28 when notice is conspicuously posted of the presence or proximity of such 29 facility. 30 Criminal sale of a controlled substance in or near school grounds, 31 PARK GROUNDS, OR PLAYGROUNDS is a class B felony. 32 S 11. The penal law is amended by adding a new section 220.47 to read 33 as follows: 34 S 220.47 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A MINOR. 35 A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A 36 MINOR WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED 37 SUBSTANCE IN VIOLATION OF THIS CHAPTER TO A PERSON LESS THAN NINETEEN 38 YEARS OF AGE. 39 A PERSON WHO VIOLATES THIS SECTION SHALL BE GUILTY OF: 40 1. A CLASS A-I FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS A-II 41 FELONY; 42 2. A CLASS A-II FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS B FELO- 43 NY; 44 3. A CLASS B FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS C FELONY; 45 OR 46 4. A CLASS C FELONY WHEN THE UNDERLYING OFFENSE IS A CLASS D FELONY. 47 S 12. The penal law is amended by adding five new sections 220.78, 48 220.79, 220.80, 220.85, and 220.90 to read as follows: 49 S 220.78 CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE SECOND DEGREE. 50 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE 51 SECOND DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ANY 52 AMOUNT OF A DESIGNER DRUG. 53 CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE SECOND DEGREE IS A CLASS 54 C FELONY. 55 S 220.79 CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE FIRST DEGREE. S. 4341 5 1 A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE 2 FIRST DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY POSSESSES ANY QUAN- 3 TITY OF A DESIGNER DRUG WITH INTENT TO SELL OR DISTRIBUTE THE SAME. 4 CRIMINAL POSSESSION OF A DESIGNER DRUG IN THE FIRST DEGREE IS A CLASS 5 B FELONY. 6 S 220.80 CRIMINAL SALE OF A DESIGNER DRUG. 7 A PERSON IS GUILTY OF CRIMINAL SALE OF A DESIGNER DRUG WHEN HE OR SHE 8 KNOWINGLY AND UNLAWFULLY SELLS OR OTHERWISE DISTRIBUTES A DESIGNER DRUG. 9 CRIMINAL SALE OF A DESIGNER DRUG IS A CLASS B FELONY. 10 S 220.85 CRIMINAL MANUFACTURE OF A DESIGNER DRUG. 11 A PERSON IS GUILTY OF CRIMINAL MANUFACTURE OF A DESIGNER DRUG WHEN HE 12 OR SHE KNOWINGLY AND UNLAWFULLY MANUFACTURES OR SYNTHESIZES ANY QUANTITY 13 OF A DESIGNER DRUG WITH THE INTENT TO SELL OR DISTRIBUTE THE SAME. 14 CRIMINAL MANUFACTURE OF A DESIGNER DRUG IS A CLASS B FELONY. 15 S 220.90 DEFENSES TO DESIGNER DRUG CRIMES. 16 IT SHALL BE A DEFENSE TO EACH AND EVERY CRIME LISTED IN SECTIONS 17 220.78, 220.79, 220.80, AND 220.85 OF THIS ARTICLE THAT: 18 1. SUCH PERSON WAS CONDUCTING LEGITIMATE AND LAWFUL MEDICAL RESEARCH 19 ACTIVITIES PURSUANT TO AN ORDER, DECISION, OR REGULATION PROMULGATED BY 20 THE STATE DEPARTMENT OF HEALTH OR THE FEDERAL FOOD AND DRUG ADMINIS- 21 TRATION; OR 22 2. SUCH PERSON MANUFACTURES OR DISTRIBUTES A SUBSTANCE IN CONFORMANCE 23 WITH THE PROVISIONS OF AN APPROVED NEW DRUG APPLICATION OR AN EXEMPTION 24 FOR INVESTIGATIONAL USE WITHIN THE MEANING OF SECTION FIVE HUNDRED FIVE 25 OF THE FEDERAL FOOD, DRUG AND COSMETIC ACT. FOR PURPOSES OF THIS 26 SECTION, SECTION FIVE HUNDRED FIVE OF THE FEDERAL FOOD, DRUG AND COSMET- 27 IC ACT SHALL BE APPLICABLE TO THE INTRODUCTION OR DELIVERY FOR INTRODUC- 28 TION OF ANY NEW DRUG INTO INTRASTATE, INTERSTATE, OR FOREIGN COMMERCE; 29 OR 30 3. SUCH PERSON MANUFACTURES, DISTRIBUTES, OR TRANSFERS ANY NONPRES- 31 CRIPTION MEDICINES WHICH MAY BE SOLD WITHOUT A PRESCRIPTION AND WHICH 32 ARE PREPACKAGED FOR USE BY THE CONSUMER AND LABELED IN ACCORDANCE WITH 33 THE REQUIREMENTS OF THE STATUTES AND REGULATIONS OF NEW YORK AND THE 34 FEDERAL GOVERNMENT. 35 S 13. Section 3302 of the public health law is amended by adding a new 36 subdivision 6-a to read as follows: 37 6-A. "CRACK" MEANS CONCENTRATED COCAINE CONTAINING AT LEAST SEVENTY 38 PERCENT PURE COCAINE. 39 S 14. Paragraph 4 of subdivision (b) of schedule II of section 3306 of 40 the public health law, as added by chapter 664 of the laws of 1985, is 41 amended to read as follows: 42 (4) Coca leaves and any salt, compound, derivative, or preparation of 43 coca leaves, and any salt, compound, derivative, or preparation thereof 44 which is chemically equivalent or identical with any of these substances 45 including cocaine, CRACK, and ecgonine, their salts, isomers, and salts 46 of isomers, except that the substances shall not include decocainized 47 coca leaves or extraction of coca leaves, which extractions do not 48 contain cocaine or ecgonine. 49 S 15. The section heading and subdivisions 1 and 4 of section 3324 of 50 the public health law, the section heading and subdivision 4 as added by 51 chapter 878 of the laws of 1972 and subdivision 1 as amended by chapter 52 965 of the laws of 1974, are amended to read as follows: 53 Licenses to engage in research, instructional activities, and chemical 54 analysis relating to controlled substances AND DESIGNER DRUGS. 1. No 55 person within this state shall manufacture, obtain, possess, administer, 56 or dispense A DESIGNER DRUG, AS DEFINED BY SECTION 220.00 OF THE PENAL S. 4341 6 1 LAW, OR a controlled substance for purposes of scientific research, 2 instruction, or chemical analysis without having first obtained a 3 license to do so from the department. 4 4. Licenses issued under this title shall be effective only for and 5 shall specify: 6 (a) the name and address of the licensee; 7 (b) the nature of the project or projects permitted by the license; 8 (c) the nature of the controlled substance or substances OR DESIGNER 9 DRUG OR DRUGS to be used in the project, by name if in schedule I, and 10 by name or schedule or both if in any other schedule; 11 (d) whether dispensing to human subjects is permitted by the license. 12 S 16. Section 3325 of the public health law, as added by chapter 878 13 of the laws of 1972, is amended to read as follows: 14 S 3325. Authority to issue licenses; applications. 1. Subject to 15 the provisions of this title, the commissioner is authorized to license 16 a person to manufacture, obtain and possess, dispense, and administer 17 DESIGNER DRUGS, AS DEFINED BY SECTION 220.00 OF THE PENAL LAW, OR 18 controlled substances for purposes of scientific research, chemical 19 analysis, or instruction. 20 2. A license or amendment of a license shall be issued by the depart- 21 ment unless the applicant therefor has failed to furnish a satisfactory 22 protocol pursuant to subdivision three of this section, or a satisfac- 23 tory statement pursuant to section [3326] THIRTY-THREE HUNDRED 24 TWENTY-SIX OF THIS ARTICLE, and proof that the applicant: 25 (a) and its managing officers are of good moral character; 26 (b) possesses or is capable of acquiring facilities, staff, and 27 equipment sufficient to carry on properly the proposed project detailed 28 in the protocol or statement accompanying the application; 29 (c) is able to maintain effective control against diversion of the 30 DESIGNER DRUGS OR controlled substances for which the license is sought; 31 (d) is able to comply with all applicable state and federal laws and 32 regulations relating to the DESIGNER DRUGS OR controlled substances for 33 which the license is sought. 34 3. An application for a license or for an amendment to a license 35 shall be accompanied by a detailed protocol setting forth: 36 (a) the nature of the proposed project; 37 (b) the proposed quantity or quantities of each DESIGNER DRUG OR 38 controlled substance involved; 39 (c) the qualifications and competence of the applicant to engage in 40 such project; 41 (d) specific provisions for the safe administration or dispensing of 42 DESIGNER DRUGS OR controlled substances to humans, if such is contem- 43 plated, and the proposed method of selecting humans; AND 44 (e) such other additional information as the commissioner may 45 require. 46 4. The application for a license pursuant to this title shall include 47 copies of all papers filed with the Bureau, the Federal Food and Drug 48 Administration, and any other governmental agency, whether state or 49 federal, in connection with the applicant's proposed project. 50 S 17. Section 3329 of the public health law, as added by chapter 878 51 of the laws of 1972, is amended to read as follows: 52 S 3329. Reports and records. 1. Persons licensed under this title 53 shall keep records showing the receipt, administration, dispensing, or 54 destruction of all DESIGNER DRUGS, AS DEFINED BY SECTION 220.00 OF THE 55 PENAL LAW, AND ALL controlled substances and maintain the records in S. 4341 7 1 such manner and detail as the commissioner, by regulation, shall 2 require. 3 2. Persons licensed under this title shall submit reports to the 4 department summarizing the activity conducted under the license. 5 Included in such report shall be a detailed inventory of DESIGNER DRUGS 6 AND controlled substances, [and] an accounting for all such substances 7 received or disposed of during the period covered by the report, and 8 such other information as the commissioner shall, by regulation, 9 require. Such reports shall be filed with the department at such times 10 as the commissioner may require. 11 S 18. Subdivision 2 of section 3388 of the public health law, as 12 amended by chapter 843 of the laws of 1980, is amended to read as 13 follows: 14 2. Any vehicle, vessel, or aircraft which has been or is being used in 15 violation of subdivision one, except a vehicle, vessel, or aircraft used 16 by any person as a common carrier in the transaction of business as such 17 common carrier, shall be seized by any peace officer, acting pursuant to 18 his OR HER special duties, or police officer[,] and forfeited as herein- 19 after in this section provided. A vehicle, vessel, or aircraft is not 20 subject to forfeiture unless used in connection with acts or conduct 21 which would constitute EITHER a felony under article [220] TWO HUNDRED 22 TWENTY OR TWO HUNDRED TWENTY-ONE of the penal law OR A CRIME DEFINED IN 23 SUCH ARTICLE TWO HUNDRED TWENTY IN WHICH THE CONTROLLED SUBSTANCE IS A 24 NARCOTIC DRUG, AS DEFINED IN SUBDIVISION SEVEN OF SECTION 220.00 OF THE 25 PENAL LAW. 26 S 19. Subdivision (d) of section 19.07 of the mental hygiene law is 27 amended by adding a new paragraph 5 to read as follows: 28 (5) CREDENTIALING PROCEDURES SHALL INCLUDE PROCEDURES FOR GRANTING 29 TEMPORARY APPROVAL OF AN OPERATING CERTIFICATE FOR A PERIOD NOT EXCEED- 30 ING ONE HUNDRED TWENTY DAYS, IN THE EVENT OF A THREAT OR IMMINENT THREAT 31 OF A CATASTROPHIC OR EMERGENCY LOSS OF AVAILABLE SERVICES. SUCH TEMPO- 32 RARY APPROVAL MAY BE EXTENDED BEYOND ONE HUNDRED TWENTY DAYS AS DEEMED 33 NECESSARY BY THE COMMISSIONER, BUT NOT TO EXCEED MORE THAN AN ADDITIONAL 34 ONE HUNDRED TWENTY DAYS; 35 S 20. Subdivision 5 of section 220.10 of the criminal procedure law is 36 amended by adding a new paragraph (c-1) to read as follows: 37 (C-1) WHERE THE INDICTMENT CHARGES ONE OF THE FELONIES ENUMERATED IN 38 AND COMMITTED UNDER THE CIRCUMSTANCE LISTED IN SECTION 70.17 OF THE 39 PENAL LAW, THEN ANY PLEA OF GUILTY PURSUANT TO SUBDIVISION THREE OR FOUR 40 OF THIS SECTION MUST BE OR MUST INCLUDE AT LEAST A PLEA OF GUILTY TO A 41 FELONY. 42 S 21. Section 317 of the highway law, as added by chapter 356 of the 43 laws of 1996, is amended to read as follows: 44 S 317. Drug free school zone signs. 1. Any political subdivision of 45 the state having jurisdiction over any highway within school grounds, as 46 defined in subdivision fourteen of section 220.00 of the penal law, 47 [may, upon the request of the appropriate school authority,] AND ANY 48 PERSON CHARGED WITH THE DUTY OF MAINTAINING ANY SUCH HIGHWAY WITHIN SUCH 49 POLITICAL SUBDIVISION THAT IS WITHIN SUCH SCHOOL GROUNDS SHALL place[,] 50 OR cause to be placed[, or permit to be placed] within the right of way 51 of such highway signs indicating a drug free school zone. SUCH SIGNS 52 SHALL READ "DRUG FREE SCHOOL ZONE". 53 2. IT SHALL NOT BE RELEVANT TO THE IMPOSITION OF ENHANCED PUNISHMENT 54 PURSUANT TO ANY PROVISION OF THE PENAL LAW WHICH ENHANCES THE PUNISHMENT 55 FOR THE CRIMINAL SALE OR POSSESSION OF A CONTROLLED SUBSTANCE THAT A S. 4341 8 1 DRUG FREE SCHOOL ZONE SIGN WAS NOT POSTED OR WAS POSTED IN A MANNER 2 INCONSISTENT WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. 3 S 22. This act shall take effect on the first of November next 4 succeeding the date on which it shall have become a law.