Assembly Bill A4281

2013-2014 Legislative Session

Establishes the crime of criminal sale of a controlled substance in or near a methadone clinic

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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

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2013-A4281 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.44-a, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8838
2015-2016: A3140
2017-2018: A7453

2013-A4281 (ACTIVE) - Summary

Establishes the crime of criminal sale of a controlled substance in or near a methadone clinic; makes such crime a class B felony; defines methadone clinic as a facility established for counseling and the dispensing of methadone to individuals addicted to heroin or other opiates.

2013-A4281 (ACTIVE) - Bill Text download pdf 

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

                                  4281

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  criminal sale of a controlled substance in or near a methadone clinic

  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 220.44-a
to read as follows:
S 220.44-A CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR  A  METHA-
             DONE CLINIC.
  A  PERSON  IS  GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR
NEAR A METHADONE CLINIC WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS:
  1. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.21 OF THIS ARTI-
CLE, WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A  METHADONE
CLINIC; OR
  2.  A CONTROLLED SUBSTANCE IN VIOLATION OF ANY ONE OF SUBDIVISIONS ONE
THROUGH SIX-A OR SUBDIVISION NINE OF SECTION  220.34  OF  THIS  ARTICLE,
WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE CLIN-
IC; OR
  3. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.39 OF THIS ARTI-
CLE,  WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE
CLINIC; OR
  4. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.41 OF THIS ARTI-
CLE, WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A  METHADONE
CLINIC; OR
  5. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.43 OF THIS ARTI-
CLE,  WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE
CLINIC.
  6. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
ESTABLISHED THAT A PERSON HAS KNOWLEDGE THAT THEY ARE WITHIN THE GROUNDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04376-01-3

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