senate Bill S1827

2011-2012 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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.417
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 20, 2011 referred to codes
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1066
Jan 13, 2011 referred to codes

Votes

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Mar 20, 2012 - Codes committee Vote

S1827
12
3
committee
12
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 20, 2012

nay (3)
aye wr (1)

Jun 7, 2011 - Codes committee Vote

S1827
12
2
committee
12
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S1827 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add ยง220.66, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6348

S1827 - Bill Texts

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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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BILL NUMBER:S1827

TITLE OF BILL:
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

PURPOSE:
This bill would create "drug free zones" prohibiting the
criminal sale of a controlled substance within one thousand feet of a
drug or alcohol treatment center and methadone clinic

SUMMARY OF PROVISIONS:
This bill amends the Penal Law by adding a new
section, 220.66, criminalizing the sale of a controlled substance
upon the grounds of a drug or alcohol treatment center or methadone
clinic, or within one thousand feet of such facilities. This new
section would hold the penalty of a class B felony.

JUSTIFICATION:
Recently it has been reported that an increase in
heroin addiction is sweeping across the younger population of New
York State, particularly in the sub-urban communities. Officials and
experts have noted that individuals recently discharged from an
addiction rehabilitation program are the most susceptible to re-using
and falling back in to a lite of drugs. This is also true for
individuals beginning a methadone program. Due to this high
susceptibility, drug dealers often target these newly sober and weak
willed individuals. Statistics show that most often, drug dealers
prey on these individuals by sitting in the immediate vicinity of a
drug or alcohol treatment center or methadone clinic wait- ing for
the addict to come out so they can sell them drugs. By designating
the areas surrounding drug or alcohol treatment centers and metha-
done clinics drug as free zones, which comes with it an increased
penalty, those predator drug dealers with be deterred from this
deplorable practice.

LEGISLATIVE HISTORY:
2010: S.6348 Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

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

                                  1827

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06216-01-1

S. 1827                             2

LINE COMPRISING SUCH A FACILITY OR METHADONE CLINIC. FOR THE PURPOSES OF
THIS  SECTION, "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS, STREETS,
PARKING 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 OR ALCOHOL TREATMENT CENTER WHEN NOTICE  IS  CONSPICU-
OUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A DRUG OR ALCOHOL TREATMENT
CENTER OR METHADONE CLINIC.
  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG OR
ALCOHOL TREATMENT CENTER IS A CLASS B FELONY.
  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.

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