Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds

1 Co-sponsor

• Terry Gipson

BILL NUMBER:S2173A

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 play- grounds

Purpose

The purpose of this bill is to protect the safety of children and their families by providing enhanced penalties for the sale of controlled substances in playgrounds and park grounds.

Summary of provisions

Section one of this bill adds a new subdivision 14-a to section 220 00 to the Penal Law to define "park grounds or playgrounds." This new defi- nition 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.

Section two of this bill amends section 220.34 of the Penal Law, crimi- nal sale of a controlled substance in the fourth degree, to add that a person is guilty of the offense if he or she sells a controlled substance on park grounds or' playgrounds when there is evidence that the person knew that the sale was occurring on park grounds or a play- ground. This amendment is added to the existing prohibition against such sale on school grounds.

Section three of this bill amends section 220.44 of the Penal Law, crim- inal sale of a controlled substance in or near school grounds, to include park grounds or playgrounds.

Section four of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Current law penalizes persons who sell controlled substances on the grounds of child day centers and educational facili- ties, but not park grounds or playgrounds.

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

2011 - 2012: S.7152 - Referred to Codes 2009 - 2010: S.1568 - Referred to Codes 2007 - 2008: S.1777 - Passed Senate both years 2005 - 2006: S.1197 - Passed Senate both years 2004: S.1504-A - Passed Senate 2003: S.1504 - Passed Senate

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 a law.