NY State Assembly Bill 2013-A2443A

Assembly Bill A2443A

2013-2014 Legislative Session

Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Apr 29, 2013	print number 2443a
Apr 29, 2013	amend and recommit to codes
Jan 15, 2013	referred to codes

Bill Amendments

Original

A (Active)

2013-A2443 - Details

See Senate Version of this Bill:: S2173
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5175, S1568
2011-2012: A1380, S1752
2015-2016: A2706, S994
2017-2018: A4639, S814

2013-A2443 - Summary

Adds "park grounds and playgrounds" to statute currently providing increased penalties for sale of controlled substances to certain persons if occurs on or within 1,000 feet of school grounds; provides "park ground or playgrounds" means in, or within any building or structure or any fields, lands or grounds owned, leased or maintained by the state, any agency or municipality thereof, etc., for the purposes of recreation or leisure.

2013-A2443 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2443

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to increasing the penalties
  for sale of controlled substances on park grounds or playgrounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 220.00 of the penal law is amended by adding a new
subdivision 14-a to read as follows:
  14-A.  "PARK GROUNDS OR PLAYGROUNDS" MEANS IN OR WITHIN ANY  BUILDING,
STRUCTURE, PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE BOUND-
ARY  OF  LAND  OWNED, LEASED OR MAINTAINED BY THE STATE OR ANY AGENCY OR
MUNICIPALITY THEREOF OR BY ANY NOT-FOR-PROFIT CORPORATION  OR  ELEEMOSY-
NARY  INSTITUTION, CORPORATION OR ASSOCIATION WHICH IS USED ON A REGULAR
BASIS AS A RECREATION AREA AND IS SO DESIGNATED. FOR  PURPOSES  OF  THIS
DEFINITION,  THE  TERM  "PARK  GROUNDS  OR  PLAYGROUNDS"  ALSO MEANS AND
INCLUDES THE FOLLOWING WHICH HAS THE SAME OWNERSHIP AS THE  PARK  GROUND
OR PLAYGROUND:  ANY PARKING LOT, PARKING GARAGE, OR OTHER PARKING FACIL-
ITY,  MARINA,  BOAT LAUNCH OR OTHER SIMILAR FACILITY WHICH IS WITHIN ONE
THOUSAND FEET OF AND SERVES SUCH PARK GROUNDS OR PLAYGROUNDS  AND  WHICH
IS  SO DESIGNATED BY EASILY VISABLE SIGNAGE AS SERVING SUCH PARK GROUNDS
OR PLAYGROUNDS.
  S 2. Section 220.34 of the penal law, as amended by chapter  280    of
the  laws  of 1986, subdivisions 2 and 4 as amended by chapter 75 of the
laws of 1995, subdivision 3 as amended by chapter 537  of  the  laws  of
1998,  subdivision  6-a  as  added  by  chapter 635 of the laws of 1997,
subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
sion 8 as amended and subdivision 9 as added by chapter 264 of the  laws
of 2003, is amended to read as follows:
S 220.34 Criminal sale of a controlled substance in the fourth degree.
  A  person  is guilty of criminal sale of a controlled substance in the
fourth degree when he OR SHE knowingly and unlawfully sells:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04522-01-3

A. 2443                             2

  1. a narcotic preparation; or
  2. a dangerous depressant or a depressant and the dangerous depressant
weighs  ten ounces or more, or the depressant weighs two pounds or more;
or
  3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
four of section thirty-three hundred two of the public health law; or
  4.  phencyclidine  and  the  phencyclidine  weighs fifty milligrams or
more; or
  5. methadone; or
  6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy  to  commit
any such offense; or
  6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
more[.]; OR
  7. a controlled substance in violation of section 220.31 of this arti-
cle, when such sale takes place upon school grounds or on a school  bus;
or
  8. a controlled substance in violation of section 220.31 of this arti-
cle,  when such sale takes place upon the grounds of a child day care or
educational facility, PARK GROUNDS OR  PLAYGROUNDS  under  circumstances
evincing  knowledge by the defendant that such sale is taking place upon
such grounds. As used in this subdivision, the phrase "the grounds of  a
child  day  care or educational facility" shall have the same meaning as
provided for in subdivision five of section 220.44 of this article,  AND
"PARK  GROUNDS  OR  PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS PROVIDED
FOR IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS  ARTICLE.    For
the  purposes  of  this  subdivision,  a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
when notice is conspicuously posted of the presence or proximity of such
facility; or
  9.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of twenty-eight grams or more.
  Criminal  sale  of  a  controlled  substance in the fourth degree is a
class C felony.
  S 3. Section 220.44 of the penal law, as amended by chapter 289 of the
laws of 1998 and subdivisions 1 and 2 as amended by chapter 436  of  the
laws of 2006, is amended to read as follows:
S 220.44 Criminal  sale  of  a  controlled  substance  in or near school
           grounds, PARK GROUNDS OR PLAYGROUNDS.
  A person is guilty of criminal sale of a controlled  substance  in  or
near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
ly and unlawfully sells:
  1.  a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when  such  sale  takes
place upon school grounds or on a school bus; or
  2.  a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when  such  sale  takes
place upon school grounds or on a school bus; or
  3.  a controlled substance in violation of any one of subdivisions one
through [six] SIX-A of section 220.34 of this article,  when  such  sale
takes  place  upon  the  grounds  of  a  child  day  care or educational
facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-

A. 2443                             3

ledge by the defendant that such sale is taking place upon such grounds;
or
  4.  a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when  such  sale  takes
place upon the grounds of a child day care or educational facility, PARK
GROUNDS  OR  PLAYGROUNDS  under  circumstances evincing knowledge by the
defendant that such sale is taking place upon such grounds.
  5. For purposes of subdivisions three and four of this  section,  "the
grounds  of a child day care or educational facility" means (a) in or on
or within any building, structure, athletic playing field, a  playground
or  land contained within the real property boundary line of a public or
private child day care center as such term is defined in  paragraph  (c)
of  subdivision  one  of  section  three  hundred  ninety  of the social
services law, or nursery, pre-kindergarten or kindergarten, or  (b)  any
area  accessible  to  the public located within one thousand feet of the
real property boundary line comprising any such facility or  any  parked
automobile  or  other parked vehicle located within one thousand feet of
the real property boundary line comprising any such  facility.  For  the
purposes  of  this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
rants.  FOR THE PURPOSES OF THIS SECTION "PARK GROUNDS  OR  PLAYGROUNDS"
SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN SUBDIVISION FOURTEEN-A OF
SECTION 220.00 OF THIS ARTICLE.
  6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
when notice is conspicuously posted of the presence or proximity of such
facility.
  Criminal sale of a controlled substance in  or  near  school  grounds,
PARK GROUNDS OR PLAYGROUNDS is a class B felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2013-A2443A (ACTIVE) - Details

See Senate Version of this Bill:: S2173
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5175, S1568
2011-2012: A1380, S1752
2015-2016: A2706, S994
2017-2018: A4639, S814

2013-A2443A (ACTIVE) - Summary

2013-A2443A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2443--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to increasing  the  penalties
  for sale of controlled substances on park grounds or playgrounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 220.00 of the penal law is amended by adding a  new
subdivision 14-a to read as follows:
  14-A.   "PARK GROUNDS OR PLAYGROUNDS" MEANS IN OR WITHIN ANY BUILDING,
STRUCTURE, PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE BOUND-
ARY OF LAND OWNED, LEASED OR MAINTAINED BY THE STATE OR  ANY  AGENCY  OR
MUNICIPALITY  THEREOF  OR BY ANY NOT-FOR-PROFIT CORPORATION OR ELEEMOSY-
NARY INSTITUTION, CORPORATION OR ASSOCIATION WHICH IS USED ON A  REGULAR
BASIS  AS  A  RECREATION AREA AND IS SO DESIGNATED. FOR PURPOSES OF THIS
DEFINITION, THE TERM  "PARK  GROUNDS  OR  PLAYGROUNDS"  ALSO  MEANS  AND
INCLUDES  THE  FOLLOWING WHICH HAS THE SAME OWNERSHIP AS THE PARK GROUND
OR PLAYGROUND:  ANY PARKING LOT, PARKING GARAGE, OR OTHER PARKING FACIL-
ITY, MARINA, BOAT LAUNCH OR OTHER SIMILAR FACILITY WHICH IS  WITHIN  ONE
THOUSAND  FEET  OF AND SERVES SUCH PARK GROUNDS OR PLAYGROUNDS AND WHICH
IS SO DESIGNATED BY EASILY VISIBLE SIGNAGE AS SERVING SUCH PARK  GROUNDS
OR PLAYGROUNDS.
  S  2.  Section  220.34 of the penal law, as amended by chapter 280  of
the laws of 1986, subdivisions 2 and 4 as amended by chapter 75  of  the
laws  of  1995,  subdivision  3 as amended by chapter 537 of the laws of
1998, subdivision 6-a as added by chapter  635  of  the  laws  of  1997,
subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
sion  8 as amended and subdivision 9 as added by chapter 264 of the laws
of 2003, is amended to read as follows:
S 220.34 Criminal sale of a controlled substance in the fourth degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04522-03-3

A. 2443--A                          2

  A person is guilty of criminal sale of a controlled substance  in  the
fourth degree when he OR SHE knowingly and unlawfully sells:
  1. a narcotic preparation; or
  2. a dangerous depressant or a depressant and the dangerous depressant
weighs  ten ounces or more, or the depressant weighs two pounds or more;
or
  3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
four of section thirty-three hundred two of the public health law; or
  4.  phencyclidine  and  the  phencyclidine  weighs fifty milligrams or
more; or
  5. methadone; or
  6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy  to  commit
any such offense; or
  6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
more[.]; OR
  7. a controlled substance in violation of section 220.31 of this arti-
cle, when such sale takes place upon school grounds or on a school  bus;
or
  8. a controlled substance in violation of section 220.31 of this arti-
cle,  when such sale takes place upon the grounds of a child day care or
educational facility, PARK GROUNDS OR  PLAYGROUNDS  under  circumstances
evincing  knowledge by the defendant that such sale is taking place upon
such grounds. As used in this subdivision, the phrase "the grounds of  a
child  day  care or educational facility" shall have the same meaning as
provided for in subdivision five of section 220.44 of this article,  AND
"PARK  GROUNDS  OR  PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS PROVIDED
FOR IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS  ARTICLE.    For
the  purposes  of  this  subdivision,  a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
when notice is conspicuously posted of the presence or proximity of such
facility; or
  9.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public  health  law,  and  said  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of twenty-eight grams or more.
  Criminal  sale  of  a  controlled  substance in the fourth degree is a
class C felony.
  S 3. Section 220.44 of the penal law, as amended by chapter 289 of the
laws of 1998 and subdivisions 1 and 2 as amended by chapter 436  of  the
laws of 2006, is amended to read as follows:
S 220.44 Criminal  sale  of  a  controlled  substance  in or near school
           grounds, PARK GROUNDS OR PLAYGROUNDS.
  A person is guilty of criminal sale of a controlled  substance  in  or
near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
ly and unlawfully sells:
  1.  a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when  such  sale  takes
place upon school grounds or on a school bus; or
  2.  a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when  such  sale  takes
place upon school grounds or on a school bus; or
  3.  a controlled substance in violation of any one of subdivisions one
through [six] SIX-A of section 220.34 of this article,  when  such  sale

A. 2443--A                          3

takes  place  upon  the  grounds  of  a  child  day  care or educational
facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-
ledge by the defendant that such sale is taking place upon such grounds;
or
  4.  a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when  such  sale  takes
place upon the grounds of a child day care or educational facility, PARK
GROUNDS  OR  PLAYGROUNDS  under  circumstances evincing knowledge by the
defendant that such sale is taking place upon such grounds.
  5. For purposes of subdivisions three and four of this  section,  "the
grounds  of a child day care or educational facility" means (a) in or on
or within any building, structure, athletic playing field, a  playground
or  land contained within the real property boundary line of a public or
private child day care center as such term is defined in  paragraph  (c)
of  subdivision  one  of  section  three  hundred  ninety  of the social
services law, or nursery, pre-kindergarten or kindergarten, or  (b)  any
area  accessible  to  the public located within one thousand feet of the
real property boundary line comprising any such facility or  any  parked
automobile  or  other parked vehicle located within one thousand feet of
the real property boundary line comprising any such  facility.  For  the
purposes  of  this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
rants.  FOR THE PURPOSES OF THIS SECTION "PARK GROUNDS  OR  PLAYGROUNDS"
SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN SUBDIVISION FOURTEEN-A OF
SECTION 220.00 OF THIS ARTICLE.
  6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
when notice is conspicuously posted of the presence or proximity of such
facility.
  Criminal sale of a controlled substance in  or  near  school  grounds,
PARK GROUNDS OR PLAYGROUNDS is a class B felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.