senate Bill S7169

2013-2014 Legislative Session

Creates the presumption of intent to sell

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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
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1128
committee discharged and committed to rules
May 01, 2014 referred to codes

Votes

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Co-Sponsors

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S7169 - Bill Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.26, Pen L

S7169 - Bill Texts

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Creates the presumption of intent to sell: possession of fifty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.

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BILL NUMBER:S7169 REVISED MEMO 06/05/2014

TITLE OF BILL: An act to amend the penal law, in relation to creating
a presumption of intent to sell

PURPOSE OR GENERAL IDEA OF BILL:

To assist in the prosecution of heroin dealers who are profiting from
the epidemic that is claiming so many young lives, by creating a
presumption that the possession of 50 or more individual packages
containing heroin and/or having an aggregate value of $300.00 is
possession with intent to sell.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The penal law is amended by adding a new section 220.26
that for the purposes of a prosecution of Criminal Possession of a
Controlled Substance in the Third Degree where the person knowingly
and unlawfully possesses a narcotic drug with intent to sell (PL
220.16 (1), fifty or more individual packages of heroin, or heroin
with the aggregate value of three hundred dollars or more is
presumptive evidence of intent to sell.

JUSTIFICATION:

Heroin is destroying the fabric of our society, evidenced by the daily
news of overdose deaths throughout New York State. Because of the
physical nature of heroin, dealers can carry large quantities of the
drug before triggering a felony charge of possession. Conversely, due
to the nature of heroin use and addiction, heroin users do not possess
more heroin than they intend to use at that time, as one high on
heroin has no impulse control and will continue to consume all heroin
available until it is gone. Some prosecutors have called expert
witnesses to testify to the nature of this addiction to support a
prosecution for Criminal Possession of a Controlled Substance in the
Third Degree under the intent to sell subdivision, but not all
prosecuting offices have the means to do so, yet are still faced with
the increase in heroin sales and heroin overdose deaths. This bill
would provide all communities with the necessary tool to target heroin
dealers and stop the flow of this dangerous drug.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                  7169

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced by Sens. BOYLE, GOLDEN -- 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 creating a presumption of
  intent to sell

  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 220.26 to
read as follows:
S 220.26 PRESUMPTION OF INTENT TO SELL.
  FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF
SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FIFTY OR MORE INDIVID-
UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER  SUBPARA-
GRAPH  ELEVEN  OF  PARAGRAPH  (C)  OF SCHEDULE I OF SECTION THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH  LAW  AND/OR  THE  POSSESSION  OF  SUCH
CONTROLLED  SUBSTANCE  IN  AN  AMOUNT HAVING AN AGGREGATE VALUE OF THREE
HUNDRED DOLLARS OR  MORE,  IS  PRESUMPTIVE  EVIDENCE  THAT  SUCH  PERSON
POSSESSED SUCH CONTROLLED SUBSTANCE WITH INTENT TO SELL IT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13664-03-4

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