senate Bill S1388

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.190
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2013
    • PASSED SENATE
  • 20 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 25 / Mar / 2014
    • 1ST REPORT CAL.355
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CODES

Summary

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

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Bill Details

See Assembly Version of this Bill:
A3359
Versions:
S1388
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.66, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1827
2009-2010: S6348

Sponsor Memo

BILL NUMBER:S1388

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 life 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 waiting 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:
2011/12: S.1827 Passed Senate
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.

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

                                  1388

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-01-3

S. 1388                             2

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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