Assembly Bill A9793

2009-2010 Legislative Session

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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Sponsored By

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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Bill Amendments

2009-A9793 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.66, Pen L

2009-A9793 - Summary

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

2009-A9793 - Sponsor Memo

2009-A9793 - Bill Text download pdf 

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

                                  9793

                          I N  A S S E M B L Y

                            January 28, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred 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 rehabilitation 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 REHABILITATION CENTER.
  1. A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE  UPON
THE  GROUNDS  OF A DRUG REHABILITATION 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
REHABILITATION 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
REHABILITATION CENTER.
  2. FOR THE PURPOSES OF THIS SECTION, "UPON THE GROUNDS OF A DRUG REHA-
BILITATION CENTER" MEANS (A) IN, ON OR WITHIN ANY  BUILDING,  STRUCTURE,
PARKING  LOT OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF
A DRUG REHABILITATION CENTER OR METHADONE CLINIC, OR (B) ANY AREA ACCES-
SIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPER-
TY BOUNDARY LINE COMPRISING ANY DRUG REHABILITATION CENTER OR  METHADONE
CLINIC,  OR ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN
ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING  A  DRUG
REHABILITATION  CENTER  OR  METHADONE  CLINIC.  FOR THE PURPOSES OF THIS
SECTION, "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS, STREETS, PARK-
ING 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  REHABILITATION CENTER WHEN NOTICE IS CONSPICUOUSLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-01-9

co-Sponsors

multi-Sponsors

2009-A9793A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.66, Pen L

2009-A9793A (ACTIVE) - Summary

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

2009-A9793A (ACTIVE) - Sponsor Memo

2009-A9793A (ACTIVE) - Bill Text download pdf 

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

                                 9793--A

                          I N  A S S E M B L Y

                            January 28, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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
VEHICLE  LOCATED  WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY
LINE COMPRISING SUCH A FACILITY OR METHADONE CLINIC. FOR THE PURPOSES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15107-03-0

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