Assembly Bill A3638

2017-2018 Legislative Session

Relates to the presumption of intent to sell

download bill text pdf

Sponsored By

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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2017-A3638 (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: A9749
2019-2020: A6426
2021-2022: A4735
2023-2024: A5475

2017-A3638 (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.

2017-A3638 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3638
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. GRAF, GIGLIO, LUPINACCI, CASTORINA, MALLIOTAKIS,
   GOODELL, PALMESANO -- Multi-Sponsored by -- M. of  A.  BLANKENBUSH  --
   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:
 § 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.
   §  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.
                                                            LBD05703-01-7

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