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Sponsors
Senator · Senate District 4
25 Co-sponsors
- Joseph P. Addabbo Jr.
- Fredrick J. Akshar II
- George Amedore
- Thomas Croci
- Simcha Felder
- John J. Flanagan
- Rich Funke
- Patrick M. Gallivan
- Martin J. Golden
- Joseph A. Griffo
- Jesse Hamilton
- Andrew J. Lanza
- William J. Larkin Jr.
- Kenneth P. LaValle
- Betty Little
- Kathleen A. Marchione
- Jack M. Martins
- Terrence P. Murphy
- Michael F. Nozzolio
- Thomas F. O'Mara
- Robert Ortt
- Michael H. Ranzenhofer
- Patty Ritchie
- Susan Serino
- Catharine Young
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 46–12
- Advanced to third reading
- 2nd report cal.
- 1st report cal.449
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 51–11
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.938
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to creating a presumption of intent to sell
Purpose or general idea of bill
To assist in the prosecution of heroin dealers who are profiting from the epidemic that is claiming so many young lives, by creating a presumption that the possession of 50 or more individual packages containing heroin and/or having an aggregate value of $300.00 is possession with intent to sell.
Summary of specific provisions
Section 1. The penal law is amended by adding a new section 220.26 that for the purposes of a prosecution of Criminal Possession of a Controlled Substance in the Third Degree where the person knowingly and unlawfully possesses a narcotic drug with intent to sell (PL 220.16 (1), fifty or more individual packages of heroin, or heroin with the aggregate value of three hundred dollars or more is presumptive evidence of intent to sell.
Justification
Heroin is destroying the fabric of our society, evidenced by the daily news of overdose deaths throughout New York State. Because of the physical nature of heroin, dealers can carry large quantities of the drug before triggering a felony charge of possession. Conversely, due to the nature of heroin use and addiction, heroin users do not possess more heroin than they intend to use at that time, as one high on heroin has no impulse control and will continue to consume all heroin available until it is gone. Some prosecutors have called expert witnesses to testify to the nature of this addiction to support a prosecution for Criminal Possession of a Controlled Substance in the Third Degree under the intent to sell subdivision, but not all prosecuting offices have the means to do so, yet are still faced with the increase in heroin sales and heroin overdose deaths. This bill would provide all communities with the necessary tool to target heroin dealers and stop the flow of this dangerous drug.
Prior legislative history
None
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after 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.