Assembly Bill A893

2023-2024 Legislative Session

Establishes the presence of a controlled substance in a certain room is presumptive evidence of knowing possession thereof by each person present in such room

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Current 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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2023-A893 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4553
2011-2012: A4438
2013-2014: A3382
2015-2016: A3191
2017-2018: A3891
2019-2020: A4007
2021-2022: A1979

2023-A893 (ACTIVE) - Summary

Establishes the presence of a controlled substance in open view in a room, other than a public place, under certain circumstances is presumptive evidence of knowing possession thereof by each and every person present in such room in close proximity to such controlled substance at the time such controlled substance was found.

2023-A893 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    893
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to a presumption of  criminal
   possession of a controlled substance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  220.25  of  the  penal  law,  as
 amended  by  chapter  341  of  the  laws  of 1985, is amended to read as
 follows:
   2. The presence of a narcotic drug, narcotic preparation, marihuana or
 phencyclidine in open view in a room, other than a public  place,  under
 circumstances evincing an intent to unlawfully mix, compound, package or
 otherwise  prepare  for  sale  such  controlled substance is presumptive
 evidence of knowing possession thereof by each and every person  PRESENT
 IN SUCH ROOM in close proximity to such controlled substance at the time
 such  controlled  substance was found; except that such presumption does
 not apply to any such persons if: (a) one of them, having obtained  such
 controlled  substance  and  not  being  under  duress,  is authorized to
 possess it and such controlled substance is in  the  same  container  as
 when  he  received  possession  thereof,  or  (b)  one  of them has such
 controlled substance upon his person.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01564-01-3

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