Assembly Bill A9749

2015-2016 Legislative Session

Relates to the presumption of intent to sell

download bill text pdf

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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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2015-A9749 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.25, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3638, A10888
2019-2020: A6426
2021-2022: A4735
2023-2024: A5475

2015-A9749 (ACTIVE) - Summary

Creates the presumption of intent to sell when a person is in possession of forty or more individual packages containing heroin with an aggregate weight of 4.0 grams.

2015-A9749 (ACTIVE) - Bill Text download pdf 

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

                                  9749

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

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

AN ACT to amend the penal law, in relation to 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 FORTY OR MORE INDIVID-
UAL PACKAGES CONTAINING ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR
SUBSTANCES OF THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH ELEVEN OF
SUBDIVISION (C) 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 4.0 GRAMS OR MORE, IS  PRESUMP-
TIVE  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.
                                                           LBD14296-02-6

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