senate Bill S632

2019-2020 Legislative Session

Creates the presumption of intent to sell

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 09, 2019 referred to codes

Co-Sponsors

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S632 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7169
2015-2016: S100
2017-2018: S638

S632 (ACTIVE) - Summary

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

S632 (ACTIVE) - Sponsor Memo

S632 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   632

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, FELDER, FLANAGAN,
  FUNKE, GALLIVAN, GRIFFO,  HELMING,  JACOBS,  LANZA,  LAVALLE,  LITTLE,
  O'MARA,  ORTT,  RANZENHOFER,  RITCHIE, SERINO, YOUNG -- 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 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 FIFTY OR MORE INDIVID-
UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH
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.
                                                           LBD04374-01-9

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