Assembly Bill A6570

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6570
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law and the highway law, in relation to creat-
   ing a drug free zone for senior citizen residential grounds
 
   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. "SENIOR CITIZEN RESIDENTIAL GROUNDS" MEANS (A) IN OR ON OR WITH-
 IN ANY RESIDENTIAL BUILDING,  STRUCTURE,  FACILITY,  COMMUNITY  OR  LAND
 CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF ANY SUCH AREAS OCCU-
 PIED  BY  OR DESIGNATED FOR OCCUPANCY BY PERSONS WHO ARE AT LEAST SIXTY-
 FIVE YEARS OF AGE, OR (B) ANY AREA  ACCESSIBLE  TO  THE  PUBLIC  LOCATED
 WITHIN  ONE  THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING
 ANY AREA DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION  OR  ANY  PARKED
 AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
 THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY AREA DESCRIBED  IN  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION. FOR PURPOSES OF THIS SECTION, AN "AREA
 ACCESSIBLE TO THE PUBLIC" SHALL MEAN ANY AREA ACCESSIBLE TO THE  PUBLIC,
 INCLUDING BUT NOT LIMITED TO SIDEWALKS, STREETS, PARKING LOTS, PARKS AND
 PLACES OF BUSINESS.
   § 2. 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 SENIOR
               CITIZEN RESIDENTIAL GROUNDS.
   A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN  OR
 NEAR  SENIOR  CITIZEN  RESIDENTIAL  GROUNDS WHEN HE OR SHE KNOWINGLY 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 SENIOR CITIZEN RESIDENTIAL GROUNDS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09935-01-9

 A. 6570                             2
 
   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 SENIOR CITIZEN RESIDENTIAL GROUNDS;
   3.  A CONTROLLED SUBSTANCE IN VIOLATION OF ANY ONE OF SUBDIVISIONS ONE
 THROUGH SIX OF SECTION 220.34 OF THIS  ARTICLE,  WHEN  SUCH  SALE  TAKES
 PLACE UPON SENIOR CITIZEN RESIDENTIAL GROUNDS UNDER CIRCUMSTANCES EVINC-
 ING  KNOWLEDGE 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 SENIOR CITIZEN RESIDENTIAL GROUNDS UNDER CIRCUMSTANCES EVINC-
 ING KNOWLEDGE BY THE DEFENDANT THAT SUCH SALE IS TAKING PLACE UPON  SUCH
 GROUNDS.
   5.  FOR PURPOSES OF THIS SECTION, "SENIOR CITIZEN RESIDENTIAL GROUNDS"
 SHALL HAVE THE MEANING 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 HE OR SHE IS WITHIN SENIOR
 CITIZEN RESIDENTIAL GROUNDS WHEN NOTICE IS CONSPICUOUSLY POSTED  OF  THE
 PRESENCE OR PROXIMITY OF SUCH GROUNDS.
   CRIMINAL  SALE  OF  A  CONTROLLED  SUBSTANCE IN OR NEAR SENIOR CITIZEN
 RESIDENTIAL GROUNDS IS A CLASS B FELONY.
   § 3. Section 317 of the highway law, as added by chapter  356  of  the
 laws of 1996, is amended to read as follows:
   § 317. Drug free [school] zone signs. Any political subdivision of the
 state  having  jurisdiction  over  any  highway within school grounds OR
 SENIOR CITIZEN RESIDENTIAL GROUNDS, as defined in [subdivision] SUBDIVI-
 SIONS fourteen AND FOURTEEN-A of section 220.00 of the penal  law,  may,
 upon  the  request  of the appropriate school OR OTHER authority, place,
 cause to be placed, or permit to be placed within the right  of  way  of
 such highway signs indicating a drug free [school] zone.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.