Assembly Bill A3191

2015-2016 Legislative Session

Establishes the presence of a controlled substance in a certain room is presumptive evidence of knowing possession thereof by each person present in such room

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2015-A3191 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4553
2011-2012: A4438
2013-2014: A3382
2017-2018: A3891
2019-2020: A4007
2021-2022: A1979
2023-2024: A893

2015-A3191 (ACTIVE) - Summary

Establishes the presence of a controlled substance in open view in a room, other than a public place, under certain circumstances is presumptive evidence of knowing possession thereof by each and every person present in such room in close proximity to such controlled substance at the time such controlled substance was found.

2015-A3191 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3191

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
  read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to a presumption of  criminal
  possession of a controlled substance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  220.25  of  the  penal  law,  as
amended  by  chapter  341  of  the  laws  of 1985, is amended to read as
follows:
  2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public  place,  under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise  prepare  for  sale  such  controlled substance is presumptive
evidence of knowing possession thereof by each and every person  PRESENT
IN SUCH ROOM in close proximity to such controlled substance at the time
such  controlled  substance was found; except that such presumption does
not apply to any such persons if: (a) one of them, having obtained  such
controlled  substance  and  not  being  under  duress,  is authorized to
possess it and such controlled substance is in  the  same  container  as
when  he  received  possession  thereof,  or  (b)  one  of them has such
controlled substance upon his person.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07626-01-5


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.