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History
- Referred to codes
- Referred to codes
Full text
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Title of bill
An act to amend the penal law, in relation to establishing increased fines, treatment, and imprisonment for persons convicted of the sale or possession of controlled substances or marihuana, to amend the public health law, in relation to controlled substances, to amend the mental hygiene law, in relation to alcohol and substance abuse, to amend the criminal procedure law, in relation to possession of either controlled substances or marihuana and a firearm, and to amend the highway law, in relation to posting drug-free school zone signs
Summary
This omnibus legislation addresses a number of statutes relating to the state's drug problem. These drug proposals include increasing criminal sanctions when on "school grounds" or in possession of a firearm. It also provides for drug and alcohol abuse prevention and education in schools. It steps up felony charges. on persons convicted of the sale of controlled substances on school grounds, park grounds, or playgrounds, or within 1,000 feet 6f the real property boundary line comprising any school or any other building used for the instruction of persons less than 19 years of age. This bill imposes a mandatory 5 year minimum sentence and a $25,000 fine on persons convicted of possession or sale of a controlled substance or marijuana while in possession of a firearm. Increases by one, the degree of the possession, sale, and manufacture of a designer drug. A. "designer drug" is one which is similar to an illegal drug but, because of its chemical makeup, is not specifically listed on the controlled substance tables. Defines the word "crack" to mean concentrated cocaine containing at least 70 percent pure cocaine. Requires municipalities to post "drug free" school zone signs.
Justification
The legislature finds that the prevalence of illegal drug sales and use, particularly of the "crack" form of cocaine, and the proliferation of crimes of violence and crimes against property associated with drugs has become such a threat to the public safety and welfare that an extraordinary effort on the part of state government and its citizens is necessary to eliminate this danger. The legislature further finds that a comprehensive approach to the problem, paying attention to the needs of schools and treatment programs as well as those of the police and the courts, is needed to ensure success.
Fiscal implications
Will generate additional funds to fund state and local drug enforcement, treatment and prevention programs.
Effective date
First of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.