NY State Senate Bill 2021-S1913

Senate Bill S1913

2021-2022 Legislative Session

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center

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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 05, 2022	referred to codes
Jan 16, 2021	referred to codes

co-Sponsors

2021-S1913 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §220.66, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6348
2011-2012: S1827
2013-2014: S1388
2015-2016: S4023, S7200
2017-2018: S1127
2019-2020: S330
2023-2024: S6187

2021-S1913 (ACTIVE) - Summary

Establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center.

2021-S1913 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1913

SPONSOR: AKSHAR
 
TITLE OF BILL:

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

 
PURPOSE:

This bill would create "drug free zones" prohibiting the criminal sale
of a controlled substance within one thousand feet of a drug or alcohol
treatment center and methadone clinic.

 
SUMMARY OF PROVISIONS:

This bill amends the Penal Law by adding a new section, 220.66, crimi-
nalizing the sale of a controlled substance upon the grounds of a drug
or alcohol treatment center or methadone clinic, or within one thousand
feet of such facilities. This new section would hold the penalty of a

class B felony.

 
JUSTIFICATION:

Recently it has been reported that an increase in heroin addiction is
sweeping across the younger population of New York State, particularly
in the sub-urban communities. Officials and experts have noted that
individuals recently discharged from an addiction rehabilitation program
are the most susceptible to re-using and falling back in to a life of
drugs. This is also true for individuals beginning a methadone program.
Due to this high susceptibility, drug dealers often target these newly
sober and weak willed individuals.  Statistics show that most often,
drug dealers prey on these individuals by sitting in the immediate
vicinity of a drug or alcohol treatment center or methadone clinic wait-
ing for the addict to come out so they can sell them drugs. By designat-
ing the areas surrounding drug or alcohol treatment centers and metha-
done clinics drug as free zones, which comes with it an increased
penalty, those predator drug dealers with be deterred from this deplora-
ble practice.

 
LEGISLATIVE HISTORY:

2020: S330 - Referred to Codes

2019: S330 - Referred to Codes

2018: Passed Senate

2017: Passed Senate

2016: Passed Senate, died in Assembly.

2015: Passed Senate

2013/14: S.1388 Passed Senate

2011/12: S.1827 Passed Senate 2010:

S.6348 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2021-S1913 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1913
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. AKSHAR, HELMING -- 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  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 220.66 to
 read as follows:
 § 220.66 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 IN VIOLATION OF:
   (A) 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; OR
   (B) 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.
   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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03899-01-1

 S. 1913                             2
 
 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.

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Senate Bill S1913

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Sponsored By

Fred Akshar