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A4007Assembly2019-2020 Session

Presume Drug Possession in Room

Official title

“Establishes the presence of a controlled substance in a certain room is presumptive evidence of knowing possession thereof by each person present in such room”

Sponsor Jeffrion AubryAD-35Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill clarifies that all persons present in a room with visible controlled substances under certain conditions are presumed to knowingly possess them.

Why it matters

  1. Expands liability for drug possession. By clarifying that everyone present in a room with visible controlled substances (under certain conditions) is presumed to knowingly possess those substances, the bill broadens who can be charged, even if they did not physically possess the drugs.

  2. Raises the stakes for social settings. This presumption could impact people who are merely present at social gatherings or private spaces where drugs are visible, increasing the risk of criminal charges for bystanders or uninvolved individuals.

  3. Narrows exceptions to the presumption. The only way to avoid the presumption is if someone is both authorized to possess the drug and it remains in its original container, or if the drugs are found on one person’s body—making it harder for others in the room to avoid prosecution.

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Who cares

Headline styles

Presume Drug Possession in Room

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

Sponsors

Primary sponsor
Jeffrion Aubry

Assembly Member · Assembly District 35

1 Multi-sponsor

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

4007

2019-2020 Regular Sessions

IN ASSEMBLY

January 31, 2019

Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY -read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to a presumption of criminal possession of a controlled substance

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

Section 1. Subdivision 2 of section 220.25 of the penal law, as amended by chapter 341 of the laws of 1985, is amended to read as follows:

2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person present in such room in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if: (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD08109-01-9

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.