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Assembly Bill A8282A

2015-2016 Legislative Session

Creates the presumption of intent to sell

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A8282 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3202
2019-2020: A5096

2015-A8282 - Summary

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

2015-A8282 - Bill Text download pdf 

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

                                  8282

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2015
                               ___________

Introduced  by M. of A. WOZNIAK -- read once and referred to the Commit-
  tee 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 PARAGRAPH
ELEVEN  OF SUBDIVISION (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.
                                                           LBD02527-01-5

co-Sponsors

2015-A8282A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3202
2019-2020: A5096

2015-A8282A (ACTIVE) - Summary

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

2015-A8282A (ACTIVE) - Bill Text download pdf 

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

                                 8282--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2015
                               ___________

Introduced  by M. of A. WOZNIAK, RAIA, CROUCH, FRIEND, PALMESANO -- 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 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 THIRTY OR  MORE  INDI-
VIDUAL  PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER PARA-
GRAPH ELEVEN OF SUBDIVISION (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.
                                                           LBD02527-02-6

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