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.
Ayes (53): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (6): Krueger, Montgomery, Parker, Perkins, Rivera, Sanders
Excused (2): Hassell-Thomps, Smith
BILL NUMBER:S7169 REVISED MEMO 06/05/2014
TITLE OF BILL: An act to amend the penal law, in relation to creating a presumption of intent to sell
PURPOSE OR GENERAL IDEA OF BILL:
To assist in the prosecution of heroin dealers who are profiting from the epidemic that is claiming so many young lives, by creating a presumption that the possession of 50 or more individual packages containing heroin and/or having an aggregate value of $300.00 is possession with intent to sell.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The penal law is amended by adding a new section 220.26 that for the purposes of a prosecution of Criminal Possession of a Controlled Substance in the Third Degree where the person knowingly and unlawfully possesses a narcotic drug with intent to sell (PL 220.16 (1), fifty or more individual packages of heroin, or heroin with the aggregate value of three hundred dollars or more is presumptive evidence of intent to sell.
Heroin is destroying the fabric of our society, evidenced by the daily news of overdose deaths throughout New York State. Because of the physical nature of heroin, dealers can carry large quantities of the drug before triggering a felony charge of possession. Conversely, due to the nature of heroin use and addiction, heroin users do not possess more heroin than they intend to use at that time, as one high on heroin has no impulse control and will continue to consume all heroin available until it is gone. Some prosecutors have called expert witnesses to testify to the nature of this addiction to support a prosecution for Criminal Possession of a Controlled Substance in the Third Degree under the intent to sell subdivision, but not all prosecuting offices have the means to do so, yet are still faced with the increase in heroin sales and heroin overdose deaths. This bill would provide all communities with the necessary tool to target heroin dealers and stop the flow of this dangerous drug.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7169 IN SENATE May 1, 2014 ___________Introduced by Sens. BOYLE, GOLDEN -- 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: Section 1. The penal law is amended by adding a new section 220.26 to read as follows: S 220.26 PRESUMPTION OF INTENT TO SELL. FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FIFTY OR MORE INDIVID- UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER SUBPARA- GRAPH ELEVEN OF PARAGRAPH (C) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW AND/OR THE POSSESSION OF SUCH CONTROLLED SUBSTANCE IN AN AMOUNT HAVING AN AGGREGATE VALUE OF THREE HUNDRED DOLLARS OR MORE, IS PRESUMPTIVE EVIDENCE THAT SUCH PERSON POSSESSED SUCH CONTROLLED SUBSTANCE WITH INTENT TO SELL IT. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13664-03-4