Actions

Meetings

Codes: Mar 12, 2013

Calendars

Active List: Mar 20, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013

Votes

Memo

BILL NUMBER:S1388

TITLE OF BILL:  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

PURPOSE: This bill would create  "drug  free  zones"  prohibiting  the criminal  sale of a controlled substance within one thousand feet of a drug or alcohol treatment center and methadone clinic

SUMMARY OF PROVISIONS: This bill amends the Penal Law by adding a  new section, 220.66, criminalizing the sale of a controlled substance upon the grounds of a drug or alcohol treatment center or methadone clinic, or within one thousand feet of such facilities. This new section would hold the penalty of a class B felony.

JUSTIFICATION:  Recently  it  has  been  reported  that an increase in heroin addiction is sweeping across the younger population of New York State,  particularly  in  the  sub-urban  communities.  Officials  and experts  have  noted  that  individuals  recently  discharged  from an addiction rehabilitation program are the most susceptible to  re-using and  falling  back  in  to  a  life  of  drugs.  This is also true for individuals  beginning  a  methadone  program.  Due   to   this   high susceptibility,  drug  dealers often target these newly sober and weak willed individuals. Statistics show that most often, drug dealers prey on these individuals by sitting in the immediate vicinity of a drug or alcohol treatment center or methadone clinic waiting for the addict to come out so they  can  sell  them  drugs.  By  designating  the  areas surrounding  drug  or  alcohol treatment centers and methadone clinics drug as free zones, which comes with it an  increased  penalty,  those predator drug dealers with be deterred from this deplorable practice.

LEGISLATIVE HISTORY: 2011/12: S.1827 Passed Senate 2010: S.6348 Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE  DATE:  This  act shall take effect on the first of November next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

1388

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sen.  SKELOS -- 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  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:

  Section  1. The penal law is amended by adding a new section 220.66 to
read as follows:
S 220.66 CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS  OF  A
           DRUG OR ALCOHOL TREATMENT CENTER.
  1.  A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE UPON
THE GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN HE OR SHE KNOWING
AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF:
  (A) ANY ONE OF SUBDIVISIONS ONE THROUGH SIX-A  OF  SECTION  220.34  OF
THIS  ARTICLE,  WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A DRUG OR
ALCOHOL TREATMENT CENTER; OR
  (B) ANY ONE OF SUBDIVISIONS ONE THROUGH EIGHT  OF  SECTION  220.39  OF
THIS  ARTICLE,  WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF A DRUG OR
ALCOHOL TREATMENT CENTER.
  2. FOR THE PURPOSES OF THIS SECTION, "UPON THE GROUNDS OF  A  DRUG  OR
ALCOHOL  TREATMENT  CENTER"  MEANS  (A)  IN,  ON OR WITHIN ANY BUILDING,
STRUCTURE, PARKING LOT OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUND-
ARY LINE OF ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES, AS
DEFINED IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL  HYGIENE
LAW,  OR  A  METHADONE  CLINIC, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC
LOCATED WITHIN ONE THOUSAND FEET OF  THE  REAL  PROPERTY  BOUNDARY  LINE
COMPRISING  ANY FACILITY WHICH PROVIDES CHEMICAL DEPENDENCE SERVICES, AS
DEFINED IN SUBDIVISION FIFTY-FIVE OF SECTION 1.03 OF THE MENTAL  HYGIENE
LAW,  OR  ANY METHADONE CLINIC, OR ANY PARKED AUTOMOBILE OR OTHER PARKED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-01-3
S. 1388                             2

VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL  PROPERTY  BOUNDARY
LINE COMPRISING SUCH A FACILITY OR METHADONE CLINIC. FOR THE PURPOSES OF
THIS  SECTION, "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS, STREETS,
PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
  3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
ESTABLISHED  THAT  A  DEFENDANT HAS KNOWLEDGE THAT HE OR SHE IS UPON THE
GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN NOTICE  IS  CONSPICU-
OUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A DRUG OR ALCOHOL TREATMENT
CENTER OR METHADONE CLINIC.
  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG OR
ALCOHOL TREATMENT CENTER IS A CLASS B FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.