What's happening
This bill makes it a class B felony to unlawfully sell controlled substances within 200 yards of a methadone clinic.
Why it matters
Targets drug sales in sensitive locations. By specifically criminalizing the sale of controlled substances within 200 yards of methadone clinics, the bill aims to protect people in recovery from increased exposure to illegal drugs near treatment centers.
Creates a higher standard of proof for proximity. The law introduces a "rebuttable presumption" that individuals are aware they are near a methadone clinic if there are posted signs, making prosecution easier and placing some burden on the accused to prove otherwise.
Applies to a broad range of controlled substances. The bill references multiple sections of the penal law, covering sales of various types and quantities of controlled substances, which increases the scope of activities that would be subject to the enhanced penalty.
Class B felony status raises consequences. Elevating these offenses to a class B felony means significantly harsher penalties for those convicted, signaling a strong deterrent approach and prioritizing the safety of treatment environments.
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Who cares
Headline styles
Ban Drug Sales Near Clinics
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7453
2017-2018 Regular Sessions
IN ASSEMBLY
April 26, 2017
Introduced by M. of A. TITONE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of criminal sale of a controlled substance in or near a methadone clinic
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 220.44-a to read as follows: § 220.44-a Criminal sale of a controlled substance in or near a metha-
done clinic.
A person is guilty of criminal sale of a controlled substance in or near a methadone clinic when he or she knowingly and unlawfully sells:
1. a controlled substance in violation of section 220.21 of this article, when such sale takes place within two hundred yards of a methadone clinic; or
2. a controlled substance in violation of any one of subdivisions one through six-a or subdivision nine of section 220.34 of this article, when such sale takes place within two hundred yards of a methadone clinic; or
3. a controlled substance in violation of section 220.39 of this article, when such sale takes place within two hundred yards of a methadone clinic; or
4. a controlled substance in violation of section 220.41 of this article, when such sale takes place within two hundred yards of a methadone clinic; or
5. a controlled substance in violation of section 220.43 of this article, when such sale takes place within two hundred yards of a methadone clinic.
6. For the purposes of this section, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11038-01-7
A. 7453 2
of a methadone clinic when notice is conspicuously posted of the presence or proximity of such facility.
7. For purposes of this section, a "methadone clinic" shall mean a facility established for counseling and the dispensing of methadone to individuals addicted to heroin or other opiates.
Criminal sale of a controlled substance in or near a methadone clinic is a class B felony.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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.