Assembly Bill A1238

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

                                 1238--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 220.49 to
read as follows:
S 220.49 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03319-02-6
              

A. 1238--A                          2

LAW,  OR  ANY METHADONE CLINIC, OR ANY PARKED AUTOMOBILE OR OTHER PARKED
VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL  PROPERTY  BOUNDARY
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.