NY State Senate Bill 2017-S814

Senate Bill S814

2017-2018 Legislative Session

Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes returned to senate died in assembly
Feb 28, 2017	referred to codes delivered to assembly passed senate
Feb 13, 2017	amended on third reading 814a
Jan 30, 2017	advanced to third reading
Jan 24, 2017	2nd report cal.
Jan 23, 2017	1st report cal.75
Jan 05, 2017	referred to codes

Votes

- Feb 28, 2017 - Floor Vote
  S814
  
  56
  
  Aye
  
  5
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 28, 2017
      
      aye (56)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (5)
      
      Bailey
      
      Comrie
      
      Hamilton
      
      Montgomery
      
      Sanders Jr.
      
      excused (1)
      
      Gallivan
  Jan 23, 2017 - Codes Committee Vote
  S814
  
  11
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 23, 2017
      
      aye (11)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Savino
      
      Tedisco
      
      nay (1)
      
      Krueger
      
      aye wr (3)
      
      Bailey
      
      Hoylman-Sigal
      
      Squadron
      
      excused (1)
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S814 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1568
2011-2012: S1752
2013-2014: S2173
2015-2016: S994

2017-S814 - Summary

Adds "park grounds and playgrounds" to statute currently providing increased penalties for sale of controlled substances to certain persons if such sale occurs on or within 1,000 feet of school grounds; defines "park ground or playgrounds" to mean in, or within any building or structure or any fields, lands or grounds owned, leased or maintained by the state, any agency or municipality thereof, etc., designated as a recreation area for children.

2017-S814 - Sponsor Memo

                                 BILL NUMBER:  S814

 TITLE OF BILL :

An act to amend the penal law, in relation to increasing the penalties
for sale of controlled substances on park grounds or playgrounds

 PURPOSE OR GENERAL IDEA OF BILL :

To protect the safety of children and their families by providing
enhanced penalties for the sale of controlled substances on park
grounds and playgrounds.

 SUMMARY OF PROVISIONS :

Section one of this bill adds a new subdivision 14-a to section 220.00
of the Penal Law to define "park grounds or playgrounds." Park grounds
or playgrounds are defined as any building, structure, playing field,
playground or land that is owned, leased, or maintained by the State,
a municipality, a not for profit corporation, or other similar entity
and used on a regular basis as a recreation area. For purposes of this
definition, the term "park grounds or playgrounds" also means and
includes the following geographic areas when such area or areas are
within 1,000 feet of, have the same ownership as, and clearly serve
the park ground or playground: parking lots, marinas, boat launches or
parking garages.

Section two of this bill amends section 220.34 of the Penal Law to
read a person is guilty of criminal sale of a controlled substance in
the 4th degree, when he or she knowingly and unlawfully sells on
school grounds, to include park grounds or playgrounds.

Section three of this bill amends section 220.44 of the Penal Law to
read criminal sale of a controlled substance in or near school
grounds, to include the sale of controlled substances in or near park
grounds or playgrounds.

Section four of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Current law penalizes persons who sell controlled substances on the
grounds of child day centers and educational facilities, but not park
grounds or playgrounds.

 JUSTIFICATION :

The State of New York has recognized that drug dealers who target
children are especially dangerous to society and, as such, should be
subjected to more severe penalties. This effort began in 1986 with
Chapter 280, which targeted those who sell drugs upon or near school
grounds. In 1998, this was expanded to include sales of controlled
substances made upon the grounds of child day care or educational
facilities. In 2006, expanded these offenses to include sales of
controlled substances made on school buses. This legislation would
take an important next step by targeting those drug dealers who lurk
in public parks and playgrounds in an effort to prey on our children.

 PRIOR LEGISLATIVE HISTORY :

2016: S.994 - Passed the Senate
2015: S.994 - Passed the Senate
2014: S.2173-A - Passed the Senate
2013: S.2173-A - Passed the Senate
2012: S.7152 - Referred to Codes
2011- S.7152- Referred to Codes
2010:  S.1568 - Referred to Codes
2009 - S.1568- Referred to Codes
2008:  S.1777- Passed the Senate
2007: S.1777- Passed the Senate
2006:  S.1197- Passed the Senate
2005: S.1197- Passed the Senate
2004:  S.1504-A - Passed the Senate
2003: S.1504 - Passed the Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S814 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    814
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 increasing  the  penalties
   for sale of controlled substances on park grounds or playgrounds
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 220.00 of the penal law is amended by adding a  new
 subdivision 14-a to read as follows:
   14-A.   "PARK GROUNDS OR PLAYGROUNDS" MEANS IN OR WITHIN ANY BUILDING,
 STRUCTURE, PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE BOUND-
 ARY OF LAND OWNED, LEASED OR MAINTAINED BY THE STATE OR  ANY  AGENCY  OR
 MUNICIPALITY  THEREOF  OR BY ANY NOT-FOR-PROFIT CORPORATION OR ELEEMOSY-
 NARY INSTITUTION, CORPORATION OR ASSOCIATION WHICH IS USED ON A  REGULAR
 BASIS  AS  A  RECREATION AREA AND IS SO DESIGNATED. FOR PURPOSES OF THIS
 DEFINITION, THE TERM  "PARK  GROUNDS  OR  PLAYGROUNDS"  ALSO  MEANS  AND
 INCLUDES  THE  FOLLOWING WHICH HAS THE SAME OWNERSHIP AS THE PARK GROUND
 OR PLAYGROUND:  ANY PARKING LOT, PARKING GARAGE, OR OTHER PARKING FACIL-
 ITY, MARINA, BOAT LAUNCH OR OTHER SIMILAR FACILITY WHICH IS  WITHIN  ONE
 THOUSAND  FEET  OF AND SERVES SUCH PARK GROUNDS OR PLAYGROUNDS AND WHICH
 IS SO DESIGNATED BY EASILY VISIBLE SIGNAGE AS SERVING SUCH PARK  GROUNDS
 OR PLAYGROUNDS.
   §  2.  Section  220.34 of the penal law, as amended by chapter 280  of
 the laws of 1986, subdivisions 2 and 4 as amended by chapter 75  of  the
 laws  of  1995,  subdivision  3 as amended by chapter 537 of the laws of
 1998, subdivision 6-a as added by chapter  635  of  the  laws  of  1997,
 subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
 sion  8 as amended and subdivision 9 as added by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 220.34 Criminal sale of a controlled substance in the fourth degree.
   A person is guilty of criminal sale of a controlled substance  in  the
 fourth degree when he OR SHE knowingly and unlawfully sells:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03429-01-7

 S. 814                              2
 
   1. a narcotic preparation; or
   2. a dangerous depressant or a depressant and the dangerous depressant
 weighs  ten ounces or more, or the depressant weighs two pounds or more;
 or
   3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
 four of section thirty-three hundred two of the public health law; or
   4.  phencyclidine  and  the  phencyclidine  weighs fifty milligrams or
 more; or
   5. methadone; or
   6. any amount of phencyclidine and has previously been convicted of an
 offense defined in this article or the attempt or conspiracy  to  commit
 any such offense; or
   6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
 more[.]; OR
   7. a controlled substance in violation of section 220.31 of this arti-
 cle, when such sale takes place upon school grounds or on a school  bus;
 or
   8. a controlled substance in violation of section 220.31 of this arti-
 cle,  when such sale takes place upon the grounds of a child day care or
 educational facility, PARK GROUNDS OR  PLAYGROUNDS  under  circumstances
 evincing  knowledge by the defendant that such sale is taking place upon
 such grounds. As used in this subdivision, the phrase "the grounds of  a
 child  day  care or educational facility" shall have the same meaning as
 provided for in subdivision five of section 220.44 of this article,  AND
 "PARK  GROUNDS  OR  PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS PROVIDED
 FOR IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS  ARTICLE.    For
 the  purposes  of  this  subdivision,  a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility; or
   9.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or more.
   Criminal  sale  of  a  controlled  substance in the fourth degree is a
 class C felony.
   § 3. Section 220.44 of the penal law, as amended by chapter 289 of the
 laws of 1998 and subdivisions 1 and 2 as amended by chapter 436  of  the
 laws of 2006, is amended to read as follows:
 § 220.44 Criminal  sale  of  a  controlled  substance  in or near school
            grounds, PARK GROUNDS OR PLAYGROUNDS.
   A person is guilty of criminal sale of a controlled  substance  in  or
 near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
 ly and unlawfully sells:
   1.  a controlled substance in violation of any one of subdivisions one
 through six-a of section 220.34 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   2.  a controlled substance in violation of any one of subdivisions one
 through eight of section 220.39 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   3.  a controlled substance in violation of any one of subdivisions one
 through [six] SIX-A of section 220.34 of this article,  when  such  sale
 takes  place  upon  the  grounds  of  a  child  day  care or educational
 facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-

 S. 814                              3
 
 ledge by the defendant that such sale is taking place upon such grounds;
 or
   4.  a controlled substance 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 child day care or educational facility, PARK
 GROUNDS  OR  PLAYGROUNDS  under  circumstances evincing knowledge by the
 defendant that such sale is taking place upon such grounds.
   5. For purposes of subdivisions three and four of this  section,  "the
 grounds  of a child day care or educational facility" means (a) in or on
 or within any building, structure, athletic playing field, a  playground
 or  land contained within the real property boundary line of a public or
 private child day care center as such term is defined in  paragraph  (c)
 of  subdivision  one  of  section  three  hundred  ninety  of the social
 services law, or nursery, pre-kindergarten or kindergarten, or  (b)  any
 area  accessible  to  the public located within one thousand feet of the
 real property boundary line comprising any such facility or  any  parked
 automobile  or  other parked vehicle located within one thousand feet of
 the real property boundary line comprising any such  facility.  For  the
 purposes  of  this section an "area accessible to the public" shall mean
 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
 rants.  FOR THE PURPOSES OF THIS SECTION "PARK GROUNDS  OR  PLAYGROUNDS"
 SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN SUBDIVISION FOURTEEN-A OF
 SECTION 220.00 OF THIS ARTICLE.
   6. For the purposes of this section, a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility.
   Criminal sale of a controlled substance in  or  near  school  grounds,
 PARK GROUNDS OR PLAYGROUNDS is a class B felony.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S814A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1568
2011-2012: S1752
2013-2014: S2173
2015-2016: S994

2017-S814A (ACTIVE) - Summary

2017-S814A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S814A

 TITLE OF BILL :  An act to amend the penal law, in relation to
increasing the penalties for sale of controlled substances on park
grounds or playgrounds


 PURPOSE OR GENERAL IDEA OF BILL :

To protect the safety of children and their families by providing
enhanced penalties for the sale of controlled substances on park
grounds and playgrounds.

 SUMMARY OF PROVISIONS :

Section one of this bill adds a new subdivision 14-a to section 220.00
of the Penal Law to define "park grounds or playgrounds." Park grounds
or playgrounds are defined as "the area in or within any building,
structure, playing field, or playground owned, leased, or maintained
by the State or any agency or municipality thereof that is not
contained within the real property boundary line of a public or
private elementary, parochial, intermediate, junior high, vocational
or high school and is used on a regular basis as a recreational area
for children and is so designated.

Section two of this bill amends section 220.34 of the Penal Law to

read a person is guilty of criminal sale of a controlled substance in
the 4th degree, when he or she knowingly and unlawfully sells on
school grounds, to include park grounds or playgrounds.

Section three of this bill amends section 220.44 of the Penal Law to
read criminal sale of a controlled substance in or near school
grounds, to include the sale of controlled substances in or near park
grounds or playgrounds.

Section four of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Current law penalizes persons who sell controlled substances on the
grounds of child day centers and educational facilities, but not park
grounds or playgrounds.

 JUSTIFICATION :

The State of New York has recognized that drug dealers who target
children are especially dangerous to society and, as such, should be
subjected to more severe penalties. This effort began in 1986 with
Chapter 280, which targeted those who sell drugs upon or near school
grounds. In 1998, this was expanded to include sales of controlled
substances made upon the grounds of child day care or educational
facilities. In 2006, expanded these offenses to include sales of
controlled substances made on school buses. This legislation would
take an important next step by targeting those drug dealers who lurk
in public parks and playgrounds in an effort to prey on our children.

 PRIOR LEGISLATIVE HISTORY :

2016: S.994 - Passed the Senate
2015: S.994 - Passed the Senate
2014: S.2173-A - Passed the Senate
2013: S.2173-A - Passed the Senate
2012: S.7152 - Referred to Codes
2011: S.7152- Referred to Codes
2010: S.1568 - Referred to Codes
2009: S.1568- Referred to Codes
2008: S.1777- Passed the Senate
2007: S.1777- Passed the Senate
2006: S.1197- Passed the Senate
2005: S.1197- Passed the Senate
2004: S.1504-A - Passed the Senate
2003: S.1504 - Passed the Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S814A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  814--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  GOLDEN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the penal law, in relation to increasing  the  penalties
   for sale of controlled substances on park grounds or playgrounds
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 220.00 of the penal law is amended by adding a  new
 subdivision 14-a to read as follows:
   14-A.  "PARK  GROUNDS  OR PLAYGROUNDS" MEANS THE AREA IN OR WITHIN ANY
 BUILDING, STRUCTURE, PLAYING FIELD OR PLAYGROUND OWNED, LEASED OR  MAIN-
 TAINED  BY  THE  STATE OR ANY AGENCY OR MUNICIPALITY THEREOF THAT IS NOT
 CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR  PRIVATE
 ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL OR HIGH
 SCHOOL AND IS USED ON A REGULAR BASIS AS A RECREATION AREA FOR  CHILDREN
 AND IS SO DESIGNATED.
   §  2.  Section  220.34 of the penal law, as amended by chapter 280  of
 the laws of 1986, subdivisions 2 and 4 as amended by chapter 75  of  the
 laws  of  1995,  subdivision  3 as amended by chapter 537 of the laws of
 1998, subdivision 6-a as added by chapter  635  of  the  laws  of  1997,
 subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
 sion  8 as amended and subdivision 9 as added by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 220.34 Criminal sale of a controlled substance in the fourth degree.
   A person is guilty of criminal sale of a controlled substance  in  the
 fourth degree when he OR SHE knowingly and unlawfully sells:
   1. a narcotic preparation; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03429-03-7

 S. 814--A                           2
 
   2. a dangerous depressant or a depressant and the dangerous depressant
 weighs  ten ounces or more, or the depressant weighs two pounds or more;
 or
   3.  concentrated  cannabis  as defined in paragraph (a) of subdivision
 four of section thirty-three hundred two of the public health law; or
   4. phencyclidine and the  phencyclidine  weighs  fifty  milligrams  or
 more; or
   5. methadone; or
   6. any amount of phencyclidine and has previously been convicted of an
 offense  defined  in this article or the attempt or conspiracy to commit
 any such offense; or
   6-a. ketamine and said ketamine weighs  four  thousand  milligrams  or
 more[.]; OR
   7. a controlled substance in violation of section 220.31 of this arti-
 cle,  when such sale takes place upon school grounds or on a school bus;
 or
   8. a controlled substance in violation of section 220.31 of this arti-
 cle, when such sale takes place upon the grounds of a child day care  or
 educational  facility,  PARK  GROUNDS OR PLAYGROUNDS under circumstances
 evincing knowledge by the defendant that such sale is taking place  upon
 such  grounds. As used in this subdivision, the phrase "the grounds of a
 child day care or educational facility" shall have the same  meaning  as
 provided  for in subdivision five of section 220.44 of this article. For
 the purposes of this subdivision,  a  rebuttable  presumption  shall  be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility; or
   9.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
 subdivision (e) of schedule I of section thirty-three hundred six of the
 public  health  law,  and  said  preparations,  compounds,  mixtures  or
 substances are of an aggregate weight of twenty-eight grams or more.
   Criminal sale of a controlled substance in  the  fourth  degree  is  a
 class C felony.
   § 3. Section 220.44 of the penal law, as amended by chapter 289 of the
 laws  of  1998 and subdivisions 1 and 2 as amended by chapter 436 of the
 laws of 2006, is amended to read as follows:
 § 220.44 Criminal sale of a  controlled  substance  in  or  near  school
            grounds, PARK GROUNDS OR PLAYGROUNDS.
   A  person  is  guilty of criminal sale of a controlled substance in or
 near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
 ly and unlawfully sells:
   1. a controlled substance in violation of any one of subdivisions  one
 through  six-a  of  section 220.34 of this article, when such sale takes
 place upon school grounds or on a school bus; or
   2. a controlled substance in violation of any one of subdivisions  one
 through  eight  of  section 220.39 of this article, when such sale takes
 place upon school grounds or on a school bus; or
   3. a controlled substance in violation of any one of subdivisions  one
 through  [six]  SIX-A  of section 220.34 of this article, when such sale
 takes place upon  the  grounds  of  a  child  day  care  or  educational
 facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-
 ledge by the defendant that such sale is taking place upon such grounds;
 or

 S. 814--A                           3
 
   4.  a controlled substance 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 child day care or educational facility, PARK
 GROUNDS  OR  PLAYGROUNDS  under  circumstances evincing knowledge by the
 defendant that such sale is taking place upon such grounds.
   5.  For  purposes of subdivisions three and four of this section, "the
 grounds of a child day care or educational facility" means (a) in or  on
 or  within any building, structure, athletic playing field, a playground
 or land contained within the real property boundary line of a public  or
 private  child  day care center as such term is defined in paragraph (c)
 of subdivision one  of  section  three  hundred  ninety  of  the  social
 services  law,  or nursery, pre-kindergarten or kindergarten, or (b) any
 area accessible to the public located within one thousand  feet  of  the
 real  property  boundary line comprising any such facility or any parked
 automobile or other parked vehicle located within one thousand  feet  of
 the  real  property  boundary line comprising any such facility. For the
 purposes of this section an "area accessible to the public"  shall  mean
 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
 rants.
   6. For the purposes of this section, a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility.
   Criminal  sale  of  a  controlled substance in or near school grounds,
 PARK GROUNDS OR PLAYGROUNDS is a class B felony.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S814

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2017-S814 - Details

2017-S814 - Summary

2017-S814 - Sponsor Memo

2017-S814 - Bill Text download pdf

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2017-S814A (ACTIVE) - Details

2017-S814A (ACTIVE) - Summary

2017-S814A (ACTIVE) - Sponsor Memo

2017-S814A (ACTIVE) - Bill Text download pdf

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