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

                                  2880

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. KOON, GUNTHER, ORTIZ, MILLMAN, WEISENBERG, GALEF,
  MAGEE,  EDDINGTON, ROBINSON, CANESTRARI -- Multi-Sponsored by -- M. of
  A. ABBATE, CHRISTENSEN, CLARK, COLTON, DelMONTE, FIELDS, HOOPER, JOHN,
  LAVINE, MAYERSOHN, REILLY, N. RIVERA, SWEENEY, TOWNS -- read once  and
  referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law,  in  relation  to  criminal sale of
  controlled substances in or near school grounds, public playgrounds or
  municipal parks

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Section 220.00 of the penal law is amended by adding two
new subdivisions 18 and 19 to read as follows:
  18. "PUBLIC PLAYGROUND" MEANS IN OR ON, OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD OR OTHER FACILITY WITHIN THE REAL  PROPERTY
BOUNDARY  LINE  OF  LAND ESTABLISHED BY THE LOCAL GOVERNING BOARD OF ANY
COUNTY, TOWN, CITY OR VILLAGE FOR THE PURPOSE OF ALLOWING  CITIZENS  THE
USE  THEREOF FOR RECREATIONAL ACTIVITIES, OR WITHIN ONE THOUSAND FEET OF
SUCH BOUNDARY LINE.
  19. "MUNICIPAL PARK" MEANS IN OR ON, OR WITHIN  ANY  BUILDING,  STRUC-
TURE,  FACILITY OR LAND CONTAINED WITHIN THE REAL PROPERTY LINE OF MUNI-
CIPALLY OWNED LAND WHICH IS MANAGED AND DEDICATED  FOR  PARK  OR  RECRE-
ATIONAL PURPOSES, OR WITHIN ONE THOUSAND FEET OF SUCH BOUNDARY LINE, BUT
SHALL NOT INCLUDE STATE OWNED LAND WHICH IS DEDICATED FOR PARK OR RECRE-
ATIONAL PURPOSES.
  S 2. Section 220.44 of the penal law, as amended by chapter 289 of the
laws of 1998, subdivisions 1 and 2 as amended by chapter 436 of the laws
of 2006, is amended to read as follows:
S 220.44 Criminal  sale  of  a  controlled  substance  in or near school
           grounds, PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02288-01-9

A. 2880                             2
              

  A person is guilty of criminal sale of a controlled  substance  in  or
near school grounds, PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS when he know-
ingly and unlawfully sells:
  1.  a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when  such  sale  takes
place  upon  school  grounds or on a school bus OR WITHIN A PUBLIC PLAY-
GROUND OR MUNICIPAL PARK; or
  2. a controlled substance in violation of any one of subdivisions  one
through  eight  of  section 220.39 of this article, when such sale takes
place upon school grounds or on a school bus OR WITHIN  A  PUBLIC  PLAY-
GROUND OR MUNICIPAL PARK; or
  3.  a controlled substance in violation of any one of subdivisions one
through six of section 220.34 of this  article,  when  such  sale  takes
place upon the grounds of a child day care or educational facility under
circumstances  evincing  knowledge  by  the  defendant that such sale is
taking place upon such grounds; or
  4. a controlled substance in violation of any one of subdivisions  one
through  eight  of  section 220.39 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the  defendant  that  such  sale  is
taking place upon such grounds.
  5.  For  purposes of subdivisions three and four of this section, "the
grounds of a child day care or educational facility" means (a) in or  on
or  within any building, structure, athletic playing field, a playground
or land contained within the real property boundary line of a public  or
private  child  day care center as such term is defined in paragraph (c)
of subdivision one  of  section  three  hundred  ninety  of  the  social
services  law,  or nursery, pre-kindergarten or kindergarten, or (b) any
area accessible to the public located within one thousand  feet  of  the
real  property  boundary line comprising any such facility or any parked
automobile or other parked vehicle located within one thousand  feet  of
the  real  property  boundary line comprising any such facility. For the
purposes of this section an "area accessible to the public"  shall  mean
sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
rants.
  6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility when notice is conspicuously
posted of the presence or proximity of such facility.
  Criminal  sale  of  a  controlled substance in or near school grounds,
PUBLIC PLAYGROUNDS OR MUNICIPAL PARKS is a class B felony.
  S 3. Subdivision 7 of section 220.34 of the penal law, as  amended  by
chapter 436 of the laws of 2006, is amended to read as follows:
  7. a controlled substance in violation of section 220.31 of this arti-
cle,  when  such sale takes place upon school grounds or on a school bus
OR IN A PUBLIC PLAYGROUND OR A MUNICIPAL PARK; or
  S 4. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
70.70  of  the penal law, as amended by chapter 436 of the laws of 2006,
is amended to read as follows:
  (i) for a class B felony, the term shall be  at  least  one  year  and
shall not exceed nine years, except that for the class B felony of crim-
inal sale of a controlled substance in or near school grounds as defined
in  subdivision two of section 220.44 of this chapter or on a school bus
as defined in subdivision seventeen of section 220.00 of this chapter OR
ON A PUBLIC PLAYGROUND AS DEFINED IN  SUBDIVISION  EIGHTEEN  OF  SECTION
220.00  OF THIS CHAPTER OR IN A MUNICIPAL PARK AS DEFINED IN SUBDIVISION

A. 2880                             3

NINETEEN OF SECTION 220.00 OF THIS CHAPTER, the term shall be  at  least
two years and shall not exceed nine years;
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.