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S638Senate2017-2018 Session

Presume Intent for Large Drug Possession

Official title

“Creates the presumption of intent to sell”

Sponsor Phil BoyleSD-4+25 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Codes

What's happening

This bill creates a legal presumption that possessing 50+ packages or $300+ worth of certain controlled substances means intent to sell.

Why it matters

  1. Lowers the burden of proof for prosecutors. By establishing a legal presumption, the bill makes it easier for prosecutors to charge individuals with intent to sell, potentially leading to more felony charges with less need for direct evidence of sales activity.

  2. Could impact people caught with larger personal-use quantities. Individuals possessing 50+ packages or $300+ worth of the specified controlled substance will automatically be presumed to be dealers, even if they claim the drugs are for personal use, increasing the risk of harsher penalties for some users.

  3. May disproportionately affect certain communities. Enforcement of intent-to-sell presumptions has historically led to more aggressive policing and higher incarceration rates in marginalized communities, raising concerns about fairness and equity.

  4. Shifts legal strategy and defense. Defendants will need to actively rebut the presumption of intent to sell, potentially making legal defenses more challenging and changing how drug-related cases are litigated in court.

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Who cares

  • Prosecutors

    The bill would make possession of 50 or more individual packages of the specified controlled substance, or an amount worth at least $300, presumptive evidence of intent to sell in prosecutions under Penal Law § 220.16(1).

  • People charged under Penal Law § 220.16(1)

    Defendants possessing the specified controlled substance at either threshold would face a presumption that they intended to sell it.

  • Criminal defense attorneys

    The bill would create a new evidentiary presumption to address when defending clients against intent-to-sell charges involving the specified controlled substance.

Headline styles

Presume Intent for Large Drug Possession

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

Sponsors

Primary sponsor
Phil Boyle

Senator · Senate District 4

Chair, Commerce, Economic Development And Small Business

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 47–16
  4. Ordered to third reading cal.858
  5. Committee discharged and committed to rules
  6. Referred to codes
  7. Returned to senate
  8. Died in assembly
  9. Referred to codes
  10. Delivered to assembly
  11. Passed senateVote 49–14
  12. Advanced to third reading
Show 3 earlier actions
  1. 2nd report cal.
  2. 1st report cal.1017
  3. Referred to codes

Full text

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

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 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 fifty 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.

LBD05394-01-7

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 creating a presumption of intent to sell

Purpose or general idea of bill

To assist in the prosecution of heroin dealers who are profiting from the epidemic that is claiming so many young lives, by creating a presumption that the possession of 50 or more individual packages containing heroin and/or having an aggregate value of $300.00 is possession with intent to sell.

Summary of specific provisions

Section 1. The penal law is amended by adding a new section 220.26 that for the purposes of a prosecution of Criminal Possession of a Controlled Substance in the Third Degree where the person knowingly and unlawfully possesses a narcotic drug with intent to sell (PL 220.16 (1), fifty or more individual packages of heroin, or heroin with the aggregate value of three hundred dollars or more is presumptive evidence of intent to sell.

Justification

Heroin is destroying the fabric of our society, evidenced by the daily news of overdose deaths throughout New York State. Because of the physical nature of heroin, dealers can carry large quantities of the drug before triggering a felony charge of possession. Conversely, due to the nature of heroin use and addiction, heroin users do not possess more heroin than they intend to use at that time, as one high on heroin has no impulse control and will continue to consume all heroin available until it is gone. Some prosecutors have called expert witnesses to testify to the nature of this addiction to support a prosecution for Criminal Possession of a Controlled Substance in the Third Degree under the intent to sell subdivision, but not all prosecuting offices have the means to do so, yet are still faced with the increase in heroin sales and heroin overdose deaths. This bill would provide all communities with the necessary tool to target heroin dealers and stop the flow of this dangerous drug.

Prior legislative history

2015-16: Passed Senate 2014: Passed Senate

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.