Senate Bill S6207A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6207--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   criminal sale of a controlled substance upon the grounds of a drug  or
   alcohol  treatment center, or alcoholics anonymous or narcotics anony-
   mous meeting
 
   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, OR ALCOHOLICS ANONYMOUS OR
            NARCOTICS ANONYMOUS MEETING.
   1. A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE  UPON
 THE  GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER, OR ALCOHOLICS ANONY-
 MOUS OR NARCOTICS ANONYMOUS MEETING WHEN HE OR SHE  KNOWING  AND  UNLAW-
 FULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF:
   (A)  SUBDIVISION  ONE, TWO, FOUR, FIVE, SIX OR SIX-A OF SECTION 220.34
 OF THIS ARTICLE, WHEN SUCH SALE TAKES PLACE UPON THE GROUNDS OF  A  DRUG
 OR ALCOHOL TREATMENT CENTER, UPON THE GROUNDS OF AN ALCOHOLICS ANONYMOUS
 MEETING, OR UPON THE GROUNDS OF A NARCOTICS ANONYMOUS MEETING; OR
   (B)  SUBDIVISION  ONE,  TWO, THREE, FOUR, FIVE, SIX, SEVEN OR EIGHT OF
 SECTION 220.39 OF THIS ARTICLE, WHEN SUCH  SALE  TAKES  PLACE  UPON  THE
 GROUNDS  OF  A  DRUG OR ALCOHOL TREATMENT CENTER, UPON THE GROUNDS OF AN
 ALCOHOLICS ANONYMOUS MEETING, OR UPON THE GROUNDS OF A NARCOTICS  ANONY-
 MOUS MEETING.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "UPON THE GROUNDS OF A DRUG OR ALCOHOL TREATMENT CENTER" MEANS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10660-02-3
              

 S. 6207--A                          2
 
   (I) IN, ON OR WITHIN ANY BUILDING,  STRUCTURE,  PARKING  LOT  OR  LAND
 CONTAINED  WITHIN  THE  REAL PROPERTY BOUNDARY LINE OF ANY FACILITY THAT
 PROVIDES ADDICTION DISORDER SERVICES, AS DEFINED BY  SUBDIVISION  FIFTY-
 FIVE  OF  SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR A METHADONE CLINIC;
 OR
   (II)  ANY  AREA  ACCESSIBLE  TO THE PUBLIC LOCATED WITHIN ONE THOUSAND
 FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  FACILITY  WHICH
 PROVIDES  ADDICTION  DISORDER 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 LINE COMPRISING SUCH A
 FACILITY OR METHADONE CLINIC.
   (B) "AREA ACCESSIBLE TO THE PUBLIC" MEANS SIDEWALKS, STREETS,  PARKING
 LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
   (C) "UPON THE GROUNDS OF AN ALCOHOLICS ANONYMOUS MEETING" MEANS:
   (I)  IN,  ON  OR  WITHIN  ANY BUILDING, STRUCTURE, PARKING LOT OR LAND
 CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF ANY  FACILITY  WHICH
 PROVIDES  A  MEETING  PLACE FOR ALCOHOLICS ANONYMOUS, WHEN SUCH GROUP IS
 REGISTERED AS A MEETING PLACE WITH THE GENERAL SERVICE OFFICE  OF  ALCO-
 HOLICS ANONYMOUS; OR
   (II)  ANY  AREA  ACCESSIBLE  TO THE PUBLIC LOCATED WITHIN ONE THOUSAND
 FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  FACILITY  WHICH
 PROVIDES  A  MEETING  PLACE FOR ALCOHOLICS ANONYMOUS, WHEN SUCH GROUP IS
 REGISTERED AS A MEETING PLACE WITH THE GENERAL SERVICE OFFICE  OF  ALCO-
 HOLICS  ANONYMOUS,  OR  ANY  PARKED  AUTOMOBILE  OR OTHER PARKED VEHICLE
 LOCATED WITHIN ONE THOUSAND FEET OF  THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING SUCH A FACILITY.
   (D) "UPON THE GROUNDS OF A NARCOTICS ANONYMOUS MEETING" MEANS:
   (I)  IN,  ON  OR  WITHIN  ANY BUILDING, STRUCTURE, PARKING LOT OR LAND
 CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF ANY  FACILITY  WHICH
 PROVIDES  A  MEETING  PLACE  FOR NARCOTICS ANONYMOUS, WHEN SUCH GROUP IS
 REGISTERED AS A MEETING PLACE WITH NARCOTICS ANONYMOUS  WORLD  SERVICES;
 OR
   (II)  ANY  AREA  ACCESSIBLE  TO THE PUBLIC LOCATED WITHIN ONE THOUSAND
 FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  FACILITY  WHICH
 PROVIDES  A  MEETING  PLACE  FOR NARCOTICS ANONYMOUS, WHEN SUCH GROUP IS
 REGISTERED AS A MEETING PLACE WITH NARCOTICS ANONYMOUS WORLD SERVICES OR
 ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN  ONE  THOU-
 SAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING SUCH A FACILITY.
   3. FOR THE PURPOSES OF THIS SECTION, A REBUTTABLE PRESUMPTION SHALL BE
 ESTABLISHED  THAT  A PERSON HAS KNOWLEDGE THAT THEY ARE UPON THE GROUNDS
 OF A DRUG OR ALCOHOL TREATMENT CENTER, UPON THE GROUNDS OF AN ALCOHOLICS
 ANONYMOUS MEETING, OR UPON THE GROUNDS OF A NARCOTICS ANONYMOUS  MEETING
 WHEN NOTICE IS CONSPICUOUSLY POSTED IN THE PRESENCE OF, OR PROXIMITY TO,
 SUCH GROUNDS.
   CRIMINAL  SALE OF A CONTROLLED SUBSTANCE UPON THE GROUNDS OF A DRUG OR
 ALCOHOL TREATMENT CENTER, OR ALCOHOLICS ANONYMOUS OR NARCOTICS ANONYMOUS
 MEETING IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.