What's happening
This bill creates a legal presumption that possessing thirty or more packages or $300 worth of certain controlled substances indicates intent to sell.
Why it matters
Shifts the burden of proof. By creating a legal presumption, this bill means that anyone found with thirty or more packages or $300 worth of certain drugs is automatically assumed to have intent to sell, making it harder for defendants to argue they possessed drugs for personal use only.
Expands prosecutorial power. Prosecutors would no longer need to prove intent to sell beyond possession of the specified quantity or value, potentially leading to more charges and convictions for intent to sell, even in cases where there is little other evidence of distribution.
Impacts sentencing and plea bargaining. Since intent to sell often carries much harsher penalties than possession, this presumption could result in significantly longer sentences and give prosecutors greater leverage in plea negotiations.
Raises civil liberties concerns. Automatically presuming intent based solely on quantity or value could disproportionately impact certain groups and raises questions about fairness, as it may capture individuals who possess drugs for reasons other than sale, such as pooling resources or high personal use.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Prosecutors
The bill would make possession of at least 30 individual packages of the specified controlled substance, or an aggregate value of at least $300, presumptive evidence of intent to sell in prosecutions under Penal Law section 220.16(1).
People charged under Penal Law section 220.16(1)
Possession meeting either threshold would create a presumption that they intended to sell the specified controlled substance.
Criminal defense attorneys
The bill would create an evidentiary presumption to address when defending clients whose possession meets either the package-count or value threshold.
Headline styles
Make Drug Sales Presumed
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3202
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. RAIA, CROUCH, FRIEND, PALMESANO -- read once and referred 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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 220.26 to read as follows: § 220.26 Presumption of intent to sell.
For the purposes of a prosecution of a charge under subdivision one of section 220.16 of this article, the possession of thirty or more individual packages containing the controlled substance defined under paragraph eleven of subdivision (c) of schedule I of section thirty-three hundred six of the public health law and/or the possession of such controlled substance in an amount having an aggregate value of three hundred dollars or more, is presumptive evidence that such person possessed such controlled substance with intent to sell it.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05394-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.