 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           638
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sens.  BOYLE,  ADDABBO,  AKSHAR, AMEDORE, CROCI, FELDER,
          FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO,  HAMILTON,  LANZA,  LARKIN,
          LAVALLE,   LITTLE,   MARCHIONE,  MURPHY,  O'MARA,  ORTT,  RANZENHOFER,
          RITCHIE, SERINO, YOUNG -- read twice and  ordered  printed,  and  when
          printed to be committed to the Committee on Codes

        AN  ACT to amend the penal law, in relation to creating a presumption of
          intent to sell
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding a new section 220.26 to
     2  read as follows:
     3  § 220.26 Presumption of intent to sell.
     4    For the purposes of a prosecution of a charge under subdivision one of
     5  section 220.16 of this article, the possession of fifty or more individ-
     6  ual packages containing the controlled substance defined under paragraph
     7  eleven of subdivision (c) of schedule I of section thirty-three  hundred
     8  six  of  the  public health law and/or the possession of such controlled
     9  substance in an amount  having  an  aggregate  value  of  three  hundred
    10  dollars or more, is presumptive evidence that such person possessed such
    11  controlled substance with intent to sell it.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05394-01-7
Creates the presumption of intent to sell

What's Happening

Why It Matters
