Includes residences and private property located within one thousand feet of real property boundary line of any school boundary line within the definition of "school grounds" for the purposes of the crime of criminal sale of a controlled substance in or near school grounds.
BILL NUMBER:A10515
TITLE OF BILL:
An act to amend the penal law, in relation to including certain resi-
dences and private property within the definition of "school grounds"
for the purposes of the crime of criminal sale of a controlled substance
in or near school grounds
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would include certain residences and private property within
the definition of "school grounds" for the purpose of certain controlled
substance offenses.
SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 6 of section 220.44 of the penal law is renumbered subdivi-
sion 7 and a new subdivision 6 is added to read as follows: For the
purposes of this section "school grounds" means (a) in or on or within
any building, structure, athletic playing field, playground, or land
contained within the real property boundary line of a public or private
parochial, intermediate, junior high, vocational, or high school, or (b)
any area accessible to the public located within one thousand feet of
the real property boundary line comprising any such school or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line. Area accessible to the public shall
mean sidewalks, streets, parking lots, parks, play grounds, stores,
restaurants.
S T A T E O F N E W Y O R K
________________________________________________________________________
10515
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CONTE
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including certain resi-
dences and private property within the definition of "school grounds"
for the purposes of the crime of criminal sale of a controlled
substance in or near school grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 220.44 of the penal law is renum-
bered subdivision 7 and a new subdivision 6 is added to read as follows:
6. FOR THE PURPOSES OF THIS SECTION, "SCHOOL GROUNDS" MEANS (A) IN OR
ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND
OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR
PRIVATE ELEMENTARY, PAROCHIAL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR
HIGH SCHOOL, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE
THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH
SCHOOL, ANY RESIDENCE OR PRIVATE PROPERTY LOCATED WITHIN ONE THOUSAND
FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR
ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOU-
SAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL.
FOR THE PURPOSES OF THIS SUBDIVISION, AN "AREA ACCESSIBLE TO THE PUBLIC"
SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES
AND RESTAURANTS.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15917-01-0
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