Assembly Bill A5096

2019-2020 Legislative Session

Creates the presumption of intent to sell

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2019-A5096 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8282
2017-2018: A3202

2019-A5096 (ACTIVE) - Summary

Creates the presumption of intent to sell: possession of thirty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.

2019-A5096 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5096
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. RAIA, ASHBY, CROUCH, FRIEND, PALMESANO, GIGLIO,
   BLANKENBUSH, McDONOUGH, MORINELLO, FINCH, MIKULIN, SMITH, KOLB -- read
   once and referred 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:
 § 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 THIRTY OR MORE INDI-
 VIDUAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER  PARA-
 GRAPH  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.
   §  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.
                                                            LBD04374-02-9

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