Senate Bill S180A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  180--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. MARCHIONE, CROCI, GALLIVAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   recommitted  to  the Committee on Codes in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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:
 § 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:
   (A)  IN  VIOLATION  OF  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;
   (B)  IN  VIOLATION  OF  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; OR
   (C) WHICH IS AN OPIATE, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
 OF  THE PUBLIC HEALTH LAW, UNLESS SUCH OPIATE IS SOLD BY A PHARMACIST OR
 PRESCRIBED BY A PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-SEV-
 EN OR ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW RESPECTIVELY.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04056-03-7

 S. 180--A                           2
 
 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.
   3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
 ESTABLISHED  THAT  A  DEFENDANT HAS KNOWLEDGE THAT HE OR SHE IS UPON THE
 GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER WHEN NOTICE  IS  CONSPICU-
 OUSLY POSTED OF THE PRESENCE OR PROXIMITY OF A DRUG OR ALCOHOL TREATMENT
 CENTER OR METHADONE CLINIC.
   CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG OR
 ALCOHOL TREATMENT CENTER IS A CLASS B FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.