Bill S1752-2011

Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds

Adds "park grounds and playgrounds" to statute currently providing increased penalties for sale of controlled substances to certain persons if occurs on or within 1,000 feet of school grounds; provides "park ground or playgrounds" means in, or within any building or structure or any fields, lands or grounds owned, leased or maintained by the state, any agency or municipality thereof, etc., for the purposes of recreation or leisure.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 12, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1752

TITLE OF BILL:

An act to amend the penal law, in relation to increasing the penalties for sale of controlled substances on park grounds or playgrounds

SUMMARY OF PROVISIONS:

This bill adds a new subdivision 14-a to section 220.00 to the Penal Law to define "park grounds or playgrounds." This new definition includes open or enclosed grounds which are leased, owned or maintained by the state or a municipality or a not for profit or other similar entity for recreation or leisure.

It amends section 220.34 of the Penal Law, criminal sale of a controlled substance in the fourth degree, to make it a class C felony to sell a controlled substance on park grounds or playgrounds. This is added to the existing prohibition against such sale on school grounds.

The bill also amends section 220.44 of the Penal Law, Criminal sale of a controlled substance in or near school grounds, to extend the prohibition to park grounds or playgrounds. The prohibition includes: sale of a narcotic preparation; a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more; or concentrated cannabis; or phencyclidine and the phencyclidine weighs fifty milligrams or more; or methadone; or any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or ketamine and said ketamine weighs four thousand milligrams or more.

The prohibition also includes a narcotic drug; or a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or a stimulant and the stimulant weighs one gram or more; or lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more; or a hallucinogen and the hallucinogen weighs twenty-five milligrams or more; or a hallucinogenic substance and the hallucinogenic substance weighs one gram or more; or one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more; or a narcotic preparation to a person less than twenty-one years old.

JUSTIFICATION:

The State of New York has consistently recognized that drug dealers who target children are especially dangerous to society and, as such, should be subjected to stiffer penalties for breaking the law in such fashion. This effort began with the "Drugs in School Law" which

targeted those who sell drugs on or near school grounds. Later, this was expanded to include child day care or educational facilities. This legislation would take an important next step by targeting those drug dealers who lurk in public parks and playgrounds in an effort to target our children.

LEGISLATIVE HISTORY: S.922 (Mega) 1992 - Passed Senate/recalled and amended S.2157 (Mega) 1993 - Passed Senate S.2224 2003-2004 - Passed Senate S.1197 - Passed Senate S.1777 - 2007-2008 Passed Senate S.1568 - 2009-2010 Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1752 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________
Introduced by Sens. GOLDEN, DeFRANCISCO, JOHNSON, SEWARD -- 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 increasing the penalties for sale of controlled substances on park grounds or playgrounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 220.00 of the penal law is amended by adding a new subdivision 14-a to read as follows: 14-A. "PARK GROUNDS OR PLAYGROUNDS" MEANS IN OR WITHIN ANY BUILDING, STRUCTURE, PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE BOUND- ARY OF LAND OWNED, LEASED OR MAINTAINED BY THE STATE OR ANY AGENCY OR MUNICIPALITY THEREOF OR BY ANY NOT-FOR-PROFIT CORPORATION OR ELEEMOSY- NARY INSTITUTION, CORPORATION OR ASSOCIATION WHICH IS USED ON A REGULAR BASIS AS A RECREATION AREA AND IS SO DESIGNATED. FOR PURPOSES OF THIS DEFINITION, THE TERM "PARK GROUNDS OR PLAYGROUNDS" ALSO MEANS AND INCLUDES THE FOLLOWING WHICH HAS THE SAME OWNERSHIP AS THE PARK GROUND OR PLAYGROUND: ANY PARKING LOT, PARKING GARAGE, OR OTHER PARKING FACIL- ITY, MARINA, BOAT LAUNCH OR OTHER SIMILAR FACILITY WHICH IS WITHIN ONE THOUSAND FEET OF AND SERVES SUCH PARK GROUNDS OR PLAYGROUNDS AND WHICH IS SO DESIGNATED BY EASILY VISABLE SIGNAGE AS SERVING SUCH PARK GROUNDS OR PLAYGROUNDS. S 2. Section 220.34 of the penal law, as amended by chapter 280 of the laws of 1986, subdivisions 2 and 4 as amended by chapter 75 of the laws of 1995, subdivision 3 as amended by chapter 537 of the laws of 1998, subdivision 6-a as added by chapter 635 of the laws of 1997, subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi- sion 8 as amended and subdivision 9 as added by chapter 264 of the laws of 2003, is amended to read as follows: S 220.34 Criminal sale of a controlled substance in the fourth degree.
A person is guilty of criminal sale of a controlled substance in the fourth degree when he OR SHE knowingly and unlawfully sells: 1. a narcotic preparation; or 2. a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more; or 3. concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law; or 4. phencyclidine and the phencyclidine weighs fifty milligrams or more; or 5. methadone; or 6. any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or 6-a. ketamine and said ketamine weighs four thousand milligrams or more[.]; OR 7. a controlled substance in violation of section 220.31 of this arti- cle, when such sale takes place upon school grounds or on a school bus; or 8. a controlled substance in violation of section 220.31 of this arti- cle, when such sale takes place upon the grounds of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. As used in this subdivision, the phrase "the grounds of a child day care or educational facility" shall have the same meaning as provided for in subdivision five of section 220.44 of this article, AND "PARK GROUNDS OR PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS ARTICLE. For the purposes of this subdivision, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS when notice is conspicuously posted of the presence or proximity of such facility; or 9. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more. Criminal sale of a controlled substance in the fourth degree is a class C felony. S 3. Section 220.44 of the penal law, as amended by chapter 289 of the laws of 1998 and subdivisions 1 and 2 as amended by chapter 436 of the laws of 2006, is amended to read as follows: S 220.44 Criminal sale of a controlled substance in or near school grounds, PARK GROUNDS OR PLAYGROUNDS. A person is guilty of criminal sale of a controlled substance in or near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing- ly and unlawfully sells: 1. a controlled substance in violation of any one of subdivisions one through six-a of section 220.34 of this article, when such sale takes place upon school grounds or on a school bus; or 2. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon school grounds or on a school bus; or 3. a controlled substance in violation of any one of subdivisions one through [six] SIX-A of section 220.34 of this article, when such sale
takes place upon the grounds of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know- ledge by the defendant that such sale is taking place upon such grounds; or 4. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon the grounds of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. 5. For purposes of subdivisions three and four of this section, "the grounds of a child day care or educational facility" means (a) in or on or within any building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center as such term is defined in paragraph (c) of subdivision one of section three hundred ninety of the social services law, or nursery, pre-kindergarten or kindergarten, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such facility or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such facility. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restau- rants. FOR THE PURPOSES OF THIS SECTION "PARK GROUNDS OR PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS ARTICLE. 6. For the purposes of this section, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS when notice is conspicuously posted of the presence or proximity of such facility. Criminal sale of a controlled substance in or near school grounds, PARK GROUNDS OR PLAYGROUNDS is a class B felony. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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