senate Bill S6432

2015-2016 Legislative Session

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2016 referred to codes

S6432 - Details

Law Section:
Penal Law
Laws Affected:
Add ยง220.49, Pen L

S6432 - Summary

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

S6432 - Sponsor Memo

S6432 - Bill Text download pdf

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

                                  6432

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced by Sen. MARCHIONE -- 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 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
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.

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

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