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S4037Senate2017-2018 Session

Expand School Drug-Free Zones

Official title

“Includes certain residences and private property within the definition of "school grounds" for the purposes of a certain controlled substance offense”

Sponsor James TediscoSD-49Affects Legal
Status
In Senate Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands the definition of "school grounds" for drug sale offenses to include certain nearby residences and private property.

Why it matters

  1. Broadens the "school grounds" zone for drug offenses. By including residences and private property within 1,000 feet of a school, the bill dramatically increases the area where enhanced penalties for drug sales can apply—potentially covering large sections of neighborhoods near schools.

  2. Expands legal risk to private citizens. People living or visiting private homes, apartments, or parked vehicles within the expanded zone could face harsher charges for drug offenses, even if they are not on school property or interacting with students.

  3. Aims to deter drug activity near schools, but may have unintended consequences. While intended to further protect students and school environments, this could result in more severe penalties for offenses occurring in private spaces, and may disproportionately affect residents in densely populated urban areas where schools and homes are close together.

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Who cares

  • Residents and private property owners near schools

    The bill would include residences and private property within 1,000 feet of specified schools in the definition of school grounds for the controlled-substance sale offense.

  • Prosecutors and police

    The bill would expressly include those residences and private properties when defining where criminal sale of a controlled substance in or near school grounds can occur.

  • Criminal defense attorneys and people accused of selling controlled substances

    The expanded definition would make sales on private property within 1,000 feet of a covered school subject to the school-grounds provision.

Headline styles

Expand School Drug-Free Zones

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Tedisco

Senator · Senate District 49

Chair, Social Services

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4037

2017-2018 Regular Sessions

IN SENATE

February 2, 2017

Introduced by Sen. TEDISCO -- 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 including certain residences and private property within the definition of "school grounds" for the purposes of the crime of criminal sale of a controlled substance in or near school grounds

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 6 of section 220.44 of the penal law is renumbered subdivision 7 and a new subdivision 6 is added to read as follows:

6. For the purposes of this section, "school grounds" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school, any residence or private property located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. For the purposes of this subdivision, an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06388-01-7

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 including certain residences and private property within the definition of "school grounds" for the purposes of the crime of criminal sale of a controlled substance in or near school grounds

Purpose or general idea of the bill

This bill would include certain residences and private property within the definition of "school grounds" for the purpose of certain controlled substance offenses.

Summary of specific provisions

Subdivision 6 of section 220.44 of the penal law is renumbered subdivision 7 and a new subdivision 6 is added to read as follows: For the purposes of this section "school grounds" means (a) in or on or within any building, structure, athletic playing field, playground, or land contained within the real property boundary line of a public or private parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line. Area accessible to the public shall mean sidewalks, streets, parking lots, parks, play grounds, stores, and restaurants.

Justification

The Drug Free School Zone law was passed to increase penalties to drug dealers who sell drugs to students while they are on or near school grounds. However, a loophole exists in that law, whereby, any person who sells drugs in a private domicile within the designated drug free school zone is exempt from the additional penalties. This bill would correct that anomaly.

Prior legislative history

New Bill

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.