NY State Senate Bill S100

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

floor

Aye

Nay

Absent

Excused

Abstained

Mar 28, 2016 - Codes committee Vote

S100

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 9, 2015 - floor Vote

S100

floor

Aye

Nay

Absent

Excused

Abstained

May 27, 2015 - Codes committee Vote

S100

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S100 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7169
2017-2018: S638
2019-2020: S632

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

 BILL NUMBER:  S100

 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.

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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The New York State Senate

senate Bill S100

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

May 17, 2016 - floor Vote

Floor Vote: May 17, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Codes Committee Vote: May 27, 2015

Co-Sponsors

S100 (ACTIVE) - Details

S100 (ACTIVE) - Summary

S100 (ACTIVE) - Sponsor Memo

S100 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S100

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2016 - floor Vote

Floor Vote: May 17, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Codes Committee Vote: May 27, 2015

Co-Sponsors

S100 (ACTIVE) - Details

S100 (ACTIVE) - Summary

S100 (ACTIVE) - Sponsor Memo

S100 (ACTIVE) - Bill Text download pdf

Comments