Assembly Bill A3891

2017-2018 Legislative Session

Establishes the presence of a controlled substance in a certain room is presumptive evidence of knowing possession thereof by each person present in such room

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

Do you support this bill?

Please enter your contact information

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

multi-Sponsors

2017-A3891 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.25, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4553
2011-2012: A4438
2013-2014: A3382
2015-2016: A3191
2019-2020: A4007
2021-2022: A1979
2023-2024: A893

2017-A3891 (ACTIVE) - Summary

Establishes the presence of a controlled substance in open view in a room, other than a public place, under certain circumstances is presumptive evidence of knowing possession thereof by each and every person present in such room in close proximity to such controlled substance at the time such controlled substance was found.

2017-A3891 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3891
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to a presumption of  criminal
   possession of a controlled substance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  220.25  of  the  penal  law,  as
 amended  by  chapter  341  of  the  laws  of 1985, is amended to read as
 follows:
   2. The presence of a narcotic drug, narcotic preparation, marihuana or
 phencyclidine in open view in a room, other than a public  place,  under
 circumstances evincing an intent to unlawfully mix, compound, package or
 otherwise  prepare  for  sale  such  controlled substance is presumptive
 evidence of knowing possession thereof by each and every person  PRESENT
 IN SUCH ROOM in close proximity to such controlled substance at the time
 such  controlled  substance was found; except that such presumption does
 not apply to any such persons if: (a) one of them, having obtained  such
 controlled  substance  and  not  being  under  duress,  is authorized to
 possess it and such controlled substance is in  the  same  container  as
 when  he  received  possession  thereof,  or  (b)  one  of them has such
 controlled substance upon his person.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08147-01-7

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.