NY State Senate Bill 2013-S7169

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2014	referred to codes delivered to assembly passed senate
Jun 03, 2014	ordered to third reading cal.1128 committee discharged and committed to rules
May 01, 2014	referred to codes

Votes

- Jun 9, 2014 - Floor Vote
  S7169
  
  53
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2014
      
      aye (53)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (6)
      
      Krueger
      
      Montgomery
      
      Parker
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      excused (2)
      
      Hassell-Thompson
      
      Smith
  Jun 3, 2014 - Rules Committee Vote
  S7169
  
  20
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2014
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Montgomery
      
      aye wr (3)
      
      Krueger
      
      Parker
      
      Perkins
      
      excused (1)
      
      Espaillat

co-Sponsors

View additional co-sponsors

2013-S7169 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S100
2017-2018: S638
2019-2020: S632
2021-2022: S6125

2013-S7169 (ACTIVE) - Summary

Creates the presumption of intent to sell: possession of fifty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.

2013-S7169 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7169        REVISED MEMO 06/05/2014

TITLE OF BILL:  An act to amend the penal law, in relation to creating
a presumption of intent to sell

PURPOSE OR GENERAL IDEA OF BILL:

To assist in the prosecution of heroin dealers who are profiting from
the epidemic that is claiming so many young lives, by creating a
presumption that the possession of 50 or more individual packages
containing heroin and/or having an aggregate value of $300.00 is
possession with intent to sell.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The penal law is amended by adding a new section 220.26
that for the purposes of a prosecution of Criminal Possession of a
Controlled Substance in the Third Degree where the person knowingly
and unlawfully possesses a narcotic drug with intent to sell (PL
220.16 (1), fifty or more individual packages of heroin, or heroin
with the aggregate value of three hundred dollars or more is
presumptive evidence of intent to sell.

JUSTIFICATION:

Heroin is destroying the fabric of our society, evidenced by the daily

news of overdose deaths throughout New York State. Because of the
physical nature of heroin, dealers can carry large quantities of the
drug before triggering a felony charge of possession. Conversely, due
to the nature of heroin use and addiction, heroin users do not possess
more heroin than they intend to use at that time, as one high on
heroin has no impulse control and will continue to consume all heroin
available until it is gone. Some prosecutors have called expert
witnesses to testify to the nature of this addiction to support a
prosecution for Criminal Possession of a Controlled Substance in the
Third Degree under the intent to sell subdivision, but not all
prosecuting offices have the means to do so, yet are still faced with
the increase in heroin sales and heroin overdose deaths. This bill
would provide all communities with the necessary tool to target heroin
dealers and stop the flow of this dangerous drug.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law.

2013-S7169 (ACTIVE) - Bill Text download pdf

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

                                  7169

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced by Sens. BOYLE, GOLDEN -- 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:

  Section  1. The penal law is amended by adding a new section 220.26 to
read as follows:
S 220.26 PRESUMPTION OF INTENT TO SELL.
  FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF
SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FIFTY OR MORE INDIVID-
UAL PACKAGES CONTAINING THE CONTROLLED SUBSTANCE DEFINED UNDER  SUBPARA-
GRAPH  ELEVEN  OF  PARAGRAPH  (C)  OF SCHEDULE I OF SECTION THIRTY-THREE
HUNDRED SIX OF THE PUBLIC HEALTH  LAW  AND/OR  THE  POSSESSION  OF  SUCH
CONTROLLED  SUBSTANCE  IN  AN  AMOUNT HAVING AN AGGREGATE VALUE OF THREE
HUNDRED DOLLARS OR  MORE,  IS  PRESUMPTIVE  EVIDENCE  THAT  SUCH  PERSON
POSSESSED SUCH CONTROLLED SUBSTANCE WITH INTENT TO SELL IT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13664-03-4

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Senate Bill S7169

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 9, 2014 - Floor Vote

Floor Vote: Jun 9, 2014

Jun 3, 2014 - Rules Committee Vote

Rules Committee Vote: Jun 3, 2014

co-Sponsors

2013-S7169 (ACTIVE) - Details

2013-S7169 (ACTIVE) - Summary

2013-S7169 (ACTIVE) - Sponsor Memo

2013-S7169 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7169

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2013-S7169 (ACTIVE) - Details

2013-S7169 (ACTIVE) - Summary

2013-S7169 (ACTIVE) - Sponsor Memo

2013-S7169 (ACTIVE) - Bill Text download pdf

Comments