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Assembly Bill A7453

2017-2018 Legislative Session

Establishes the crime of criminal sale of a controlled substance in or near a methadone clinic

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Archive: Last Bill Status - In Assembly Committee

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2017-A7453 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.44-a, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8838
2013-2014: A4281
2015-2016: A3140

2017-A7453 (ACTIVE) - Summary

Establishes the crime of criminal sale of a controlled substance in or near a methadone clinic; makes such crime a class B felony; defines methadone clinic as a facility established for counseling and the dispensing of methadone to individuals addicted to heroin or other opiates.

2017-A7453 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7453
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   criminal sale of a controlled substance in or near a methadone clinic
 
   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 220.44-a
 to read as follows:
 § 220.44-A CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR  A  METHA-
              DONE CLINIC.
   A  PERSON  IS  GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR
 NEAR A METHADONE CLINIC WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY SELLS:
   1. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.21 OF THIS ARTI-
 CLE, WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A  METHADONE
 CLINIC; OR
   2.  A CONTROLLED SUBSTANCE IN VIOLATION OF ANY ONE OF SUBDIVISIONS ONE
 THROUGH SIX-A OR SUBDIVISION NINE OF SECTION  220.34  OF  THIS  ARTICLE,
 WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE CLIN-
 IC; OR
   3. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.39 OF THIS ARTI-
 CLE,  WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE
 CLINIC; OR
   4. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.41 OF THIS ARTI-
 CLE, WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A  METHADONE
 CLINIC; OR
   5. A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.43 OF THIS ARTI-
 CLE,  WHEN SUCH SALE TAKES PLACE WITHIN TWO HUNDRED YARDS OF A METHADONE
 CLINIC.
   6. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
 ESTABLISHED THAT A PERSON HAS KNOWLEDGE THAT THEY ARE WITHIN THE GROUNDS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11038-01-7

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