 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6125
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 12, 2021
                                       ___________
 
        Introduced  by  Sen.  BOYLE  -- 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 Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 220.26  to
     2  read as follows:
     3  § 220.26 Presumption of intent to sell.
     4    For the purposes of a prosecution of a charge under subdivision one of
     5  section 220.16 of this article, the possession of fifty or more individ-
     6  ual packages containing the controlled substance defined under paragraph
     7  eleven  of subdivision (c) of schedule I of section thirty-three hundred
     8  six of the public health law and/or the possession  of  such  controlled
     9  substance  in  an  amount  having  an  aggregate  value of three hundred
    10  dollars or more, is presumptive evidence that such person possessed such
    11  controlled substance with intent to sell it.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09816-01-1
Creates the presumption of intent to sell

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