senate Bill S100

2015-2016 Legislative Session

Creates the presumption of intent to sell

download bill text pdf

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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 referred to codes
delivered to assembly
passed senate
Mar 30, 2016 advanced to third reading
Mar 29, 2016 2nd report cal.
Mar 28, 2016 1st report cal.449
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Jun 09, 2015 referred to codes
delivered to assembly
passed senate
Jun 01, 2015 advanced to third reading
May 28, 2015 2nd report cal.
May 27, 2015 1st report cal.938
Jan 07, 2015 referred to codes

Votes

view votes

May 17, 2016 - floor Vote

S100
46
12
floor
46
Aye
12
Nay
0
Absent
5
Excused
0
Abstained
show floor vote details

Floor Vote: May 17, 2016

aye (46)
nay (12)
excused (5)

Mar 28, 2016 - Codes committee Vote

S100
12
2
committee
12
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 28, 2016

aye (12)
nay (2)
aye wr (2)

Jun 9, 2015 - floor Vote

S100
51
11
floor
51
Aye
11
Nay
0
Absent
1
Excused
0
Abstained
show floor vote details

Floor Vote: Jun 9, 2015

aye (51)
nay (11)
excused (1)

May 27, 2015 - Codes committee Vote

S100
11
2
committee
11
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 27, 2015

aye (11)
nay (2)
aye wr (2)

Co-Sponsors

view additional co-sponsors

S100 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7169
2017-2018: S638
2019-2020: S632
2021-2022: S6125

S100 (ACTIVE) - 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.

S100 (ACTIVE) - Sponsor Memo

S100 (ACTIVE) - Bill Text download pdf 

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

                                   100

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 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

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