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A10515Assembly2009-2010 Session

Includes certain residences and private property within the definition of "school grounds" for the purposes of a certain controlled substance offense

Sponsor James TediscoAD-110Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
James Tedisco

Assembly Member · Assembly District 110

1 Multi-sponsor

History

  1. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10515

Title of bill

An act to amend the penal law, in relation to including certain resi- dences and private property within the definition of "school grounds" for the purposes of the crime of criminal sale of a controlled substance in or near school grounds

Purpose or general idea of the bill

This bill would include certain residences and private property within the definition of "school grounds" for the purpose of certain controlled substance offenses.

Summary of specific provisions

Subdivision 6 of section 220.44 of the penal law is renumbered subdivi- sion 7 and a new subdivision 6 is added to read as follows: For the purposes of this section "school grounds" means (a) in or on or within any building, structure, athletic playing field, playground, or land contained within the real property boundary line of a public or private parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line. Area accessible to the public shall mean sidewalks, streets, parking lots, parks, play grounds, stores, restaurants.

Justification

The Drug Free School Zone law was passed to increase penalties to drug dealers who sell drugs to students while they are on or near school grounds. However, a loophole exists in that law, whereby, any person who sells drugs in a private domicile within the designated drug free school zone is exempt from the additional penalties. This bill would correct that anomaly.

Prior legislative history

2008: A.5637; Held for consideration in Codes 2007: A.5637; Referred to Codes 2006: A.2353; Held for consideration in Codes 2005: A.2353; Referred to Codes 2004: A.10438; 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.