S T A T E O F N E W Y O R K
________________________________________________________________________
5075
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. GIGLIO, WALKER, KOLB, FINCH, HAWLEY, McKEVITT --
Multi-Sponsored by -- M. of A. BACALLES, BALL, BURLING, CALHOUN,
CONTE, CROUCH, ERRIGO, McDONOUGH, OAKS, O'MARA, QUINN, RAIA, SAYWARD,
THIELE, TOWNSEND -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
the sale of controlled substances at certain places frequented by
youths
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. "COMMUNITY RECREATIONAL FACILITIES" MEANS IN, ON OR WITHIN ANY
BUILDING OR STRUCTURE OR IN, ON OR WITHIN ANY FIELDS, LANDS OR GROUNDS,
AND IN EITHER CASE OWNED, LEASED OR MAINTAINED BY THE STATE OR ANY AGEN-
CY OR MUNICIPALITY THEREOF OR OWNED, LEASED OR MAINTAINED BY ANY
NOT-FOR-PROFIT CORPORATION OR ELEEMOSYNARY INSTITUTION, CORPORATION OR
ASSOCIATION, AND IN EITHER CASE, FOR PARK PURPOSES OR FOR THE PURPOSES
OF RECREATION OR LEISURE.
19. "YOUTH RECREATIONAL CENTER" MEANS ANY BUILDING OR FACILITY IN
WHICH A "YOUTH PROGRAM", AS DEFINED IN SECTION FOUR HUNDRED TWELVE OF
THE EXECUTIVE LAW, APPROVED IN ACCORDANCE WITH SECTION FOUR HUNDRED
TWENTY-TWO OF SUCH LAW BY THE STATE YOUTH COMMISSION, IS ESTABLISHED,
OPERATED AND MAINTAINED; OR ANY BUILDING OR FACILITY IN WHICH A RECRE-
ATIONAL PROGRAM IS ESTABLISHED, OPERATED OR MAINTAINED OR IN WHICH
RECREATIONAL EQUIPMENT IS PROVIDED FOR USE OR WITHIN WHICH RECREATIONAL
ACTIVITIES TAKE PLACE ON A REGULAR OR PERIODIC BASIS, BY MEMBERS OR
THEIR GUESTS OF A FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION, WHETHER OR
NOT INCORPORATED, WHICH ORGANIZATION OWNS, LEASES OR OPERATES SUCH
BUILDING OR FACILITY, OR BY MEMBERS OF THE PUBLIC, AND WHERE THERE IS NO
PROHIBITION AGAINST THE USE OF SUCH BUILDING OR FACILITY FOR SUCH
PURPOSES BY PERSONS TWENTY-ONE YEARS OF AGE OR UNDER. IF THE USE OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05134-01-9
A. 5075 2
BUILDING OR FACILITY FOR SUCH PURPOSES IS NOTORIOUS, WHETHER OR NOT
ACTUALLY KNOWN TO THE INDIVIDUAL CHARGED, SUCH TERM SHALL INCLUDE ANY
AREA WITHIN ONE THOUSAND FEET OF AN ENTRANCE OR EXIT TO SUCH FACILITY,
UNLESS SUCH FACILITY IS LOCATED WITHIN A BUILDING, IN WHICH CASE SUCH
TERM SHALL INCLUDE ANY AREA WITHIN ONE THOUSAND FEET OF AN ENTRANCE OR
EXIT TO SUCH BUILDING. SUCH TERM SHALL NOT INCLUDE A FACILITY, LOCATED
ON REAL PROPERTY OWNED BY ONE OR MORE NATURAL PERSONS, WHICH FACILITY IS
UTILIZED EXCLUSIVELY BY THE OWNER OF SUCH REAL PROPERTY AND HIS OR HER
IMMEDIATE FAMILY AND INVITED GUESTS THEREOF AND WHERE NO FEE IS CHARGED
FOR THE USE OF SUCH FACILITY. EXAMPLES OF SUCH TERM SHALL INCLUDE BUT
NOT BE LIMITED TO: A MEMBERSHIP OR PUBLIC OR COMMUNITY SWIMMING POOL OR
GYMNASIUM OPEN TO THE PUBLIC OR TO MEMBERS OR THEIR GUESTS, OR PLACE
OPEN TO THE PUBLIC OR TO MEMBERS OR THEIR GUESTS WHERE ATHLETIC EQUIP-
MENT IS PROVIDED, OR FACILITY FOR RECREATIONAL PURPOSES OWNED, LEASED OR
OPERATED BY A YMCA, YMHA, BOY OR GIRL SCOUTS OF AMERICA, CHURCH, SYNA-
GOGUE, OR COMMUNITY GROUP, AND NOT PROHIBITED TO PERSONS TWENTY-ONE
YEARS OF AGE OR UNDER.
S 2. 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, COMMUNITY RECREATIONAL FACILITIES OR A YOUTH RECREATIONAL CENTER;
or
S 3. 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, COMMUNITY RECREATIONAL FACILITIES OR A YOUTH RECRE-
ATIONAL CENTER.
A person is guilty of criminal sale of a controlled substance in or
near school grounds, COMMUNITY RECREATIONAL FACILITIES OR A YOUTH RECRE-
ATIONAL CENTER when he OR SHE knowingly 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
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, COMMUNITY RECREATIONAL
FACILITIES OR A YOUTH RECREATIONAL CENTER; 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, COMMUNITY RECREATIONAL FACILITIES OR A
YOUTH RECREATIONAL CENTER; 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, COMMUNITY RECREATIONAL FACILITIES OR A
YOUTH RECREATIONAL CENTER.
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)
A. 5075 3
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,
COMMUNITY RECREATIONAL FACILITIES OR A YOUTH RECREATIONAL CENTER is a
class B felony.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.