What's happening
This bill creates a new class B felony for selling controlled substances on or near the grounds of drug or alcohol treatment centers.
Why it matters
Targets drug sales specifically at or near treatment facilities. By creating harsher penalties for selling controlled substances on or near drug or alcohol treatment centers, the bill aims to protect vulnerable individuals undergoing recovery, who may be at higher risk of relapse due to the proximity of illegal drugs.
Expands the definition of protected zones. The bill defines “grounds” broadly, covering not only the treatment center property but also public areas (like sidewalks, streets, parking lots, restaurants, and stores) and vehicles within 1,000 feet, making it easier to prosecute offenders operating near these centers.
Presumption of knowledge for offenders. If a treatment center or methadone clinic is clearly marked with signs, anyone caught selling drugs nearby is presumed to know they are within the protected zone, making prosecution potentially more straightforward and reducing a common legal defense.
Reflects a policy shift toward protecting recovery environments. The bill treats drug sales in these areas as a class B felony, placing them on par with other serious drug offenses and signaling a legislative priority to support safe spaces for rehabilitation and recovery.
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Who cares
Headline styles
Ban Drug Sales Near Treatment Centers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
330
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. AKSHAR -- 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.
LBD05373-01-9
S. 330 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, crimi- nalizing 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 wait- ing for the addict to come out so they can sell them drugs. By designat- ing the areas surrounding drug or alcohol treatment centers and metha- done clinics drug as free zones, which comes with it an increased penalty, those predator drug dealers with be deterred from this deplora- ble practice.
Legislative history
2018: Passed Senate 2017: Passed Senate 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.