S T A T E   O F   N E W   Y O R K
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                                  3359

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 220.66  to
read as follows:
S 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 BOUND-
ARY 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
VEHICLE  LOCATED  WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-01-3
              

A. 3359                             2

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  CONSPICU-
OUSLY 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.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.