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Assembly Bill A4553

2009-2010 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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Archive: Last Bill Status - In Assembly Committee

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2009-A4553 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง220.25, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4438
2013-2014: A3382
2015-2016: A3191
2017-2018: A3891
2019-2020: A4007
2021-2022: A1979
2023-2024: A893

2009-A4553 (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.

2009-A4553 (ACTIVE) - Bill Text download pdf 

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

                                  4553

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

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.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04387-01-9

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