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

7 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Andrew J. Lanza
• Terrence P. Murphy
• Robert Ortt
• Marc Panepinto
• Susan Serino

BILL NUMBER:S994

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

Purpose

To protect the safety of children and their families by providing enhanced penalties for the sale of controlled substances on park grounds and playgrounds.

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." Park grounds or playgrounds is defined as any buildings, structures, playing fields, playgrounds or lands that are owned, leased, or maintained by the State, a municipality, a not for profit corporation, or other similar entity and used on a regular basis as a recreation area. Any parking lots, marinas, boat launches or parking garages that clearly serve, and are within 1,000 feet of, a park ground or a playground are also included in this definition.

Section two of this bill amends section 220.34 of the Penal Law, criminal 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 upon park grounds or playgrounds when there is evidence that the person knew that the sale was occurring upon park grounds or a playground. This amendment is added to the existing prohibition against such sale of controlled substances on school grounds.

Section three of this bill amends section 220.44 of the Penal Law, criminal sale of a controlled substance in or near school grounds, to include the sale of controlled substances in or near 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 facilities, 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 more severe penalties. This effort began in 1986 with Chapter 280, which targeted those who sell drugs upon or near school grounds. In 1998, this was expanded to include sales of controlled substances made upon the grounds of child day care or educational facilities. In 2006, expanded these offenses to include

sales of controlled substances made on school buses. This legislation would take an important next step by targeting those drug dealers who lurk in public parks and playgrounds in an effort to prey on our children.

Legislative history

2013-4: S.2173-A - Passed the Senate both years 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.