NY State Senate Bill 2011-S1752

Senate Bill S1752

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 12, 2011	referred to codes

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2011-S1752 (ACTIVE) - Details

See Assembly Version of this Bill:: A1380
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1568, A5175
2013-2014: S2173, A2443
2015-2016: S994, A2706
2017-2018: S814, A4639

2011-S1752 (ACTIVE) - Summary

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.

2011-S1752 (ACTIVE) - Sponsor 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.

2011-S1752 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1752

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03542-01-1

S. 1752                             2

  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

S. 1752                             3

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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Senate Bill S1752

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

John A. DeFrancisco

John J. Flanagan

Joseph A. Griffo

Owen H. Johnson

2011-S1752 (ACTIVE) - Details

2011-S1752 (ACTIVE) - Summary

2011-S1752 (ACTIVE) - Sponsor Memo

2011-S1752 (ACTIVE) - Bill Text download pdf

Comments