Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 30, 2018 |
referred to codes delivered to assembly passed senate ordered to third reading cal.858 committee discharged and committed to rules |
Jan 03, 2018 |
referred to codes returned to senate died in assembly |
Jun 13, 2017 |
referred to codes delivered to assembly passed senate |
May 22, 2017 |
advanced to third reading |
May 17, 2017 |
2nd report cal. |
May 16, 2017 |
1st report cal.1017 |
Jan 04, 2017 |
referred to codes |
Senate Bill S638
2017-2018 Legislative Session
Sponsored By
(R) Senate District
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
Actions
Votes
co-Sponsors
(D) 15th Senate District
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(R) Senate District
2017-S638 (ACTIVE) - Details
2017-S638 (ACTIVE) - Sponsor Memo
BILL NUMBER: S638 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. JUSTIFICATION :
2017-S638 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 638 2017-2018 Regular Sessions I N S E N A T E January 4, 2017 ___________ Introduced by Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, CROCI, FELDER, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HAMILTON, LANZA, LARKIN, LAVALLE, LITTLE, MARCHIONE, MURPHY, O'MARA, ORTT, RANZENHOFER, RITCHIE, SERINO, YOUNG -- 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: § 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 PARAGRAPH ELEVEN OF SUBDIVISION (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. § 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. LBD05394-01-7
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