Bill S1827-2011

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

Details

Actions

  • Mar 29, 2012: referred to codes
  • Mar 29, 2012: DELIVERED TO ASSEMBLY
  • Mar 29, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.417
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 20, 2011: referred to codes
  • Jun 20, 2011: DELIVERED TO ASSEMBLY
  • Jun 20, 2011: PASSED SENATE
  • Jun 14, 2011: ADVANCED TO THIRD READING
  • Jun 13, 2011: 2ND REPORT CAL.
  • Jun 7, 2011: 1ST REPORT CAL.1066
  • Jan 13, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 7, 2011
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Espaillat
Ayes W/R (2): Perkins, Squadron
Nays (2): Duane, Parker
VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Espaillat
Ayes W/R (1): Squadron
Nays (3): Duane, Parker, Perkins

Memo

BILL NUMBER:S1827

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 lite 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 wait- ing 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: 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 ________________________________________________________________________ 1827 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________
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 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.

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