senate Bill S7169

2013-2014 Legislative Session

Creates the presumption of intent to sell

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (6)
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

Co-Sponsors

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S7169 - Details

Law Section:
Penal Law
Laws Affected:
Add ยง220.26, Pen L

S7169 - Summary

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.

S7169 - Sponsor Memo

S7169 - Bill Text download pdf

                    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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