What's happening
This bill makes it a class B felony to sell controlled substances on or near drug or alcohol treatment centers.
Why it matters
Significantly increases penalties for drug sales near treatment centers. , making such offenses a class B felony—potentially leading to longer prison sentences and greater deterrence for dealers targeting vulnerable populations.
Defines a broad “protected zone”. The law applies not only inside treatment centers and methadone clinics, but also to anywhere within 1,000 feet of these facilities—including sidewalks, streets, stores, and even parked cars—expanding the scope for enforcement and prosecution.
Creates a legal presumption of knowledge. If there are posted signs indicating the presence of a treatment center, anyone caught selling drugs in the vicinity is presumed to know they are in a protected area, making it harder for defendants to claim ignorance and easier for prosecutors to secure convictions.
Reflects a policy shift toward protecting people in recovery. , signaling to communities and law enforcement that the state considers drug sales near treatment facilities a particularly serious threat, which could impact how resources are allocated and how similar laws might be considered in other contexts.
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Who cares
Chemical dependence treatment providers and methadone clinics
The bill would create a class B felony for specified unlawful controlled-substance sales on their property and in covered locations within 1,000 feet.
People accused of selling controlled substances near treatment centers
Covered sales in publicly accessible areas or parked vehicles within 1,000 feet would fall under the new felony.
Prosecutors and defense attorneys
Conspicuously posted notice of a treatment center or methadone clinic would create a rebuttable presumption that a defendant knew they were within the covered grounds.
Headline styles
Felony Drug Sales Near Treatment Centers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 55–8
- Ordered to third reading cal.862
- Committee discharged and committed to rules
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–5
- Ordered to third reading cal.1594
Show 2 earlier actions
- Reported and committed to rules
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1127
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sens. AKSHAR, AMEDORE, MARCHIONE, MURPHY, O'MARA, ORTT, 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 criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center
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 220.66 to read as follows: § 220.66 Criminal sale of a controlled substance upon the grounds of a
drug or alcohol treatment center.
1. A person is guilty of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center when he or she knowing and unlawfully sells a controlled substance in violation of:
(a) any one of subdivisions one through six-a of section 220.34 of this article, when such sale takes place upon the grounds of a drug or alcohol treatment center; or
(b) any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon the grounds of a drug or alcohol treatment center.
2. For the purposes of this section, "upon the grounds of a drug or alcohol treatment center" means (a) in, on or within any building, structure, parking lot or land contained within the real property boundary line of any facility which provides chemical dependence services, as defined in subdivision fifty-five of section 1.03 of the mental hygiene law, or a methadone clinic, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any facility which provides chemical dependence services, as defined in subdivision fifty-five of section 1.03 of the mental hygiene law, or any methadone clinic, or any parked automobile or other parked
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04263-01-7
S. 1127 2
vehicle located within one thousand feet of the real property boundary line comprising such a facility or methadone clinic. For the purposes of this section, "area accessible to the public" means sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
3. For the purposes of this section, a rebuttable presumption shall be established that a defendant has knowledge that he or she is upon the grounds of a drug or alcohol treatment center when notice is conspicuously posted of the presence or proximity of a drug or alcohol treatment center or methadone clinic.
Criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center is a class B felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center
Purpose
This bill would create "drug free zones" prohibiting the criminal sale of a controlled substance within one thousand feet of a drug or alcohol treatment center and methadone clinic.
Summary of provisions
This bill amends the Penal Law by adding a new section, 220.66, criminalizing the sale of a controlled substance upon the grounds of a drug or alcohol treatment center or methadone clinic, or within one thousand feet of such facilities. This new section would hold the penalty of a class B felony.
Justification
Recently it has been reported that an increase in heroin addiction is sweeping across the younger population of New York State, particularly in the sub-urban communities. Officials and experts have noted that individuals recently discharged from an addiction rehabilitation program are the most susceptible to re-using and falling back in to a life of drugs. This is also true for individuals beginning a methadone program. Due to this high susceptibility, drug dealers often target these newly sober and weak willed individuals. Statistics show that most often, drug dealers prey on these individuals by sitting in the immediate vicinity of a drug or alcohol treatment center or methadone clinic waiting for the addict to come out so they can sell them drugs. By designating the areas surrounding drug or alcohol treatment centers and methadone clinics drug as free zones, which comes with it an increased penalty, those predator drug dealers with be deterred from this deplorable practice.
Legislative history
2016: Passed Senate, died in Assembly. 2015: Passed Senate 2013/14: S.1388 Passed Senate 2011/12: S.1827 Passed Senate 2010: S.6348 Referred to Codes
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 law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.