Bill Text: NY S06125 | 2021-2022 | General Assembly | Introduced

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Bill Title: Creates the presumption of intent to sell: possession of fifty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S06125 Detail]

Download: New_York-2021-S06125-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6125

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 12, 2021
                                       ___________

        Introduced  by  Sen.  BOYLE  -- 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 creating a presumption  of
          intent to sell

          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 fifty or more individ-
     6  ual packages containing the controlled substance defined under paragraph
     7  eleven  of subdivision (c) of schedule I of section thirty-three hundred
     8  six of the public health law and/or the possession  of  such  controlled
     9  substance  in  an  amount  having  an  aggregate  value of three hundred
    10  dollars or more, is presumptive evidence that such person possessed such
    11  controlled substance with intent to sell it.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09816-01-1