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Companion bill
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Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1752
Title of bill
An act to amend the penal law, in relation to increasing the penalties for sale of controlled substances on park grounds or playgrounds
Summary of provisions
This bill adds a new subdivision 14-a to section 220.00 to the Penal Law to define "park grounds or playgrounds." This new definition includes open or enclosed grounds which are leased, owned or maintained by the state or a municipality or a not for profit or other similar entity for recreation or leisure.
It amends section 220.34 of the Penal Law, criminal sale of a controlled substance in the fourth degree, to make it a class C felony to sell a controlled substance on park grounds or playgrounds. This is added to the existing prohibition against such sale on school grounds.
The bill also amends section 220.44 of the Penal Law, Criminal sale of a controlled substance in or near school grounds, to extend the prohibition to park grounds or playgrounds. The prohibition includes: sale of a narcotic preparation; a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more; or concentrated cannabis; or phencyclidine and the phencyclidine weighs fifty milligrams or more; or methadone; or any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or ketamine and said ketamine weighs four thousand milligrams or more.
The prohibition also includes a narcotic drug; or a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or a stimulant and the stimulant weighs one gram or more; or lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more; or a hallucinogen and the hallucinogen weighs twenty-five milligrams or more; or a hallucinogenic substance and the hallucinogenic substance weighs one gram or more; or one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more; or a narcotic preparation to a person less than twenty-one years old.
Justification
The State of New York has consistently recognized that drug dealers who target children are especially dangerous to society and, as such, should be subjected to stiffer penalties for breaking the law in such fashion. This effort began with the "Drugs in School Law" which
targeted those who sell drugs on or near school grounds. Later, this was expanded to include child day care or educational facilities. This legislation would take an important next step by targeting those drug dealers who lurk in public parks and playgrounds in an effort to target our children.
Legislative history
S.922 (Mega) 1992 - Passed Senate/recalled and amended S.2157 (Mega) 1993 - Passed Senate S.2224 2003-2004 - Passed Senate S.1197 - Passed Senate S.1777 - 2007-2008 Passed Senate S.1568 - 2009-2010 Codes
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.