NY State Assembly Bill 2017-A4639A

Assembly Bill A4639A

2017-2018 Legislative Session

Increases penalties for sale of controlled substances if it occurs on park grounds or playgrounds; defines park grounds or playgrounds

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 01, 2017	print number 4639a
Mar 01, 2017	amend and recommit to codes
Feb 03, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-A4639 - Details

See Senate Version of this Bill:: S814
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5175, S1568
2011-2012: A1380, S1752
2013-2014: A2443, S2173
2015-2016: A2706, S994

2017-A4639 - Summary

Adds "park grounds and playgrounds" to statute currently providing increased penalties for sale of controlled substances to certain persons if such sale occurs on or within 1,000 feet of school grounds; defines "park ground or playgrounds" to mean in, or within any building or structure or any fields, lands or grounds owned, leased or maintained by the state, any agency or municipality thereof, etc., designated as a recreation area for children.

2017-A4639 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4639
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to increasing the penalties
   for sale of controlled substances on park grounds or playgrounds
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 220.00 of the penal law is amended by adding a new
 subdivision 14-a to read as follows:
   14-A.  "PARK GROUNDS OR PLAYGROUNDS" MEANS IN OR WITHIN ANY  BUILDING,
 STRUCTURE, PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE BOUND-
 ARY  OF  LAND  OWNED, LEASED OR MAINTAINED BY THE STATE OR ANY AGENCY OR
 MUNICIPALITY THEREOF OR BY ANY NOT-FOR-PROFIT CORPORATION OR  CHARITABLE
 INSTITUTION, CORPORATION OR ASSOCIATION WHICH IS USED ON A REGULAR BASIS
 AS  A  RECREATION  AREA AND IS SO DESIGNATED. FOR PURPOSES OF THIS DEFI-
 NITION, THE TERM "PARK GROUNDS OR PLAYGROUNDS" ALSO MEANS  AND  INCLUDES
 THE  FOLLOWING  WHICH  HAS GEOGRAPHIC AREAS WHEN SUCH AREA OR AREAS HAVE
 THE SAME OWNERSHIP AS THE PARK GROUND OR PLAYGROUND:   ANY PARKING  LOT,
 PARKING  GARAGE, OR OTHER PARKING FACILITY, MARINA, BOAT LAUNCH OR OTHER
 SIMILAR FACILITY WHICH IS WITHIN ONE THOUSAND FEET OF  AND  SERVES  SUCH
 PARK GROUNDS OR PLAYGROUNDS AND WHICH IS SO DESIGNATED BY EASILY VISIBLE
 SIGNAGE AS SERVING SUCH PARK GROUNDS OR PLAYGROUNDS.
   §  2.  Section  220.34 of the penal law, as amended by chapter 280  of
 the laws of 1986, subdivisions 2 and 4 as amended by chapter 75  of  the
 laws  of  1995,  subdivision  3 as amended by chapter 537 of the laws of
 1998, subdivision 6-a as added by chapter  635  of  the  laws  of  1997,
 subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
 sion  8 as amended and subdivision 9 as added by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 220.34 Criminal sale of a controlled substance in the fourth degree.
   A person is guilty of criminal sale of a controlled substance  in  the
 fourth degree when he OR SHE knowingly and unlawfully sells:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03429-02-7

 A. 4639                             2
 
   1. a narcotic preparation; or
   2. a dangerous depressant or a depressant and the dangerous depressant
 weighs  ten ounces or more, or the depressant weighs two pounds or more;
 or
   3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
 four of section thirty-three hundred two of the public health law; or
   4.  phencyclidine  and  the  phencyclidine  weighs fifty milligrams or
 more; or
   5. methadone; or
   6. any amount of phencyclidine and has previously been convicted of an
 offense defined in this article or the attempt or conspiracy  to  commit
 any such offense; or
   6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
 more[.]; OR
   7. a controlled substance in violation of section 220.31 of this arti-
 cle, when such sale takes place upon school grounds or on a school  bus;
 or
   8. a controlled substance in violation of section 220.31 of this arti-
 cle,  when such sale takes place upon the grounds of a child day care or
 educational facility, PARK GROUNDS OR  PLAYGROUNDS  under  circumstances
 evincing  knowledge by the defendant that such sale is taking place upon
 such grounds. As used in this subdivision, the phrase "the grounds of  a
 child  day  care or educational facility" shall have the same meaning as
 provided for in subdivision five of section 220.44 of this article,  AND
 "PARK  GROUNDS  OR  PLAYGROUNDS" SHALL HAVE THE SAME MEANING AS PROVIDED
 FOR IN SUBDIVISION FOURTEEN-A OF SECTION 220.00 OF THIS  ARTICLE.    For
 the  purposes  of  this  subdivision,  a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility; or
   9.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) 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 twenty-eight grams or more.
   Criminal  sale  of  a  controlled  substance in the fourth degree is a
 class C felony.
   § 3. Section 220.44 of the penal law, as amended by chapter 289 of the
 laws of 1998 and subdivisions 1 and 2 as amended by chapter 436  of  the
 laws of 2006, is amended to read as follows:
 § 220.44 Criminal  sale  of  a  controlled  substance  in or near school
            grounds, PARK GROUNDS OR PLAYGROUNDS.
   A person is guilty of criminal sale of a controlled  substance  in  or
 near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
 ly and unlawfully sells:
   1.  a controlled substance in violation of any one of subdivisions one
 through six-a of section 220.34 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   2.  a controlled substance in violation of any one of subdivisions one
 through eight of section 220.39 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   3.  a controlled substance in violation of any one of subdivisions one
 through [six] SIX-A of section 220.34 of this article,  when  such  sale
 takes  place  upon  the  grounds  of  a  child  day  care or educational
 facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-

 A. 4639                             3
 
 ledge by the defendant that such sale is taking place upon such grounds;
 or
   4.  a controlled substance in violation of any one of subdivisions one
 through eight of section 220.39 of this article, when  such  sale  takes
 place upon the grounds of a child day care or educational facility, PARK
 GROUNDS  OR  PLAYGROUNDS  under  circumstances evincing knowledge by the
 defendant that such sale is taking place upon such grounds.
   5. For purposes of subdivisions three and four of this  section,  "the
 grounds  of a child day care or educational facility" means (a) in or on
 or within any building, structure, athletic playing field, a  playground
 or  land contained within the real property boundary line of a public or
 private child day care center as such term is defined in  paragraph  (c)
 of  subdivision  one  of  section  three  hundred  ninety  of the social
 services law, or nursery, pre-kindergarten or kindergarten, or  (b)  any
 area  accessible  to  the public located within one thousand feet of the
 real property boundary line comprising any such facility or  any  parked
 automobile  or  other parked vehicle located within one thousand feet of
 the real property boundary line comprising any such  facility.  For  the
 purposes  of  this section an "area accessible to the public" shall mean
 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
 rants.  FOR THE PURPOSES OF THIS SECTION "PARK GROUNDS  OR  PLAYGROUNDS"
 SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN SUBDIVISION FOURTEEN-A OF
 SECTION 220.00 OF THIS ARTICLE.
   6. For the purposes of this section, a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility.
   Criminal sale of a controlled substance in  or  near  school  grounds,
 PARK GROUNDS OR PLAYGROUNDS is a class B felony.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

2017-A4639A (ACTIVE) - Details

See Senate Version of this Bill:: S814
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.00, 220.34 & 220.44, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5175, S1568
2011-2012: A1380, S1752
2013-2014: A2443, S2173
2015-2016: A2706, S994

2017-A4639A (ACTIVE) - Summary

2017-A4639A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4639--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to increasing  the  penalties
   for sale of controlled substances on park grounds or playgrounds

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 220.00 of the penal law is amended by adding a  new
 subdivision 14-a to read as follows:
   14-A.  "PARK  GROUNDS  OR PLAYGROUNDS" MEANS THE AREA IN OR WITHIN ANY
 BUILDING, STRUCTURE, PLAYING FIELD OR PLAYGROUND OWNED, LEASED OR  MAIN-
 TAINED  BY  THE  STATE OR ANY AGENCY OR MUNICIPALITY THEREOF THAT IS NOT
 CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR  PRIVATE
 ELEMENTARY,  PAROCHIAL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL OR HIGH
 SCHOOL AND IS USED ON A REGULAR BASIS AS A RECREATION AREA FOR  CHILDREN
 AND IS SO DESIGNATED.
   §  2.  Section  220.34 of the penal law, as amended by chapter 280  of
 the laws of 1986, subdivisions 2 and 4 as amended by chapter 75  of  the
 laws  of  1995,  subdivision  3 as amended by chapter 537 of the laws of
 1998, subdivision 6-a as added by chapter  635  of  the  laws  of  1997,
 subdivision 7 as amended by chapter 436 of the laws of 2006 and subdivi-
 sion  8 as amended and subdivision 9 as added by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 220.34 Criminal sale of a controlled substance in the fourth degree.
   A person is guilty of criminal sale of a controlled substance  in  the
 fourth degree when he OR SHE knowingly and unlawfully sells:
   1. a narcotic preparation; or
   2. a dangerous depressant or a depressant and the dangerous depressant
 weighs  ten ounces or more, or the depressant weighs two pounds or more;
 or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03429-04-7

 A. 4639--A                          2
 
   3. concentrated cannabis as defined in paragraph  (a)  of  subdivision
 four of section thirty-three hundred two of the public health law; or
   4.  phencyclidine  and  the  phencyclidine  weighs fifty milligrams or
 more; or
   5. methadone; or
   6. any amount of phencyclidine and has previously been convicted of an
 offense defined in this article or the attempt or conspiracy  to  commit
 any such offense; or
   6-a.  ketamine  and  said  ketamine weighs four thousand milligrams or
 more[.]; OR
   7. a controlled substance in violation of section 220.31 of this arti-
 cle, when such sale takes place upon school grounds or on a school  bus;
 or
   8. a controlled substance in violation of section 220.31 of this arti-
 cle,  when such sale takes place upon the grounds of a child day care or
 educational facility, PARK GROUNDS OR  PLAYGROUNDS  under  circumstances
 evincing  knowledge by the defendant that such sale is taking place upon
 such grounds. As used in this subdivision, the phrase "the grounds of  a
 child  day  care or educational facility" shall have the same meaning as
 provided for in subdivision five of section 220.44 of this article.  For
 the  purposes  of  this  subdivision,  a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility; or
   9.  one  or  more  preparations,  compounds,  mixtures  or  substances
 containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
 subdivision (e) 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 twenty-eight grams or more.
   Criminal  sale  of  a  controlled  substance in the fourth degree is a
 class C felony.
   § 3. Section 220.44 of the penal law, as amended by chapter 289 of the
 laws of 1998 and subdivisions 1 and 2 as amended by chapter 436  of  the
 laws of 2006, is amended to read as follows:
 § 220.44 Criminal  sale  of  a  controlled  substance  in or near school
            grounds, PARK GROUNDS OR PLAYGROUNDS.
   A person is guilty of criminal sale of a controlled  substance  in  or
 near school grounds, PARK GROUNDS OR PLAYGROUNDS when he OR SHE knowing-
 ly and unlawfully sells:
   1.  a controlled substance in violation of any one of subdivisions one
 through six-a of section 220.34 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   2.  a controlled substance in violation of any one of subdivisions one
 through eight of section 220.39 of this article, when  such  sale  takes
 place upon school grounds or on a school bus; or
   3.  a controlled substance in violation of any one of subdivisions one
 through [six] SIX-A of section 220.34 of this article,  when  such  sale
 takes  place  upon  the  grounds  of  a  child  day  care or educational
 facility, PARK GROUNDS OR PLAYGROUNDS under circumstances evincing know-
 ledge by the defendant that such sale is taking place upon such grounds;
 or
   4. a controlled substance in violation of any one of subdivisions  one
 through  eight  of  section 220.39 of this article, when such sale takes
 place upon the grounds of a child day care or educational facility, PARK

 A. 4639--A                          3
 
 GROUNDS OR PLAYGROUNDS under circumstances  evincing  knowledge  by  the
 defendant that such sale is taking place upon such grounds.
   5.  For  purposes of subdivisions three and four of this section, "the
 grounds of a child day care or educational facility" means (a) in or  on
 or  within any building, structure, athletic playing field, a playground
 or land contained within the real property boundary line of a public  or
 private  child  day care center as such term is defined in paragraph (c)
 of subdivision one  of  section  three  hundred  ninety  of  the  social
 services  law,  or nursery, pre-kindergarten or kindergarten, or (b) any
 area accessible to the public located within one thousand  feet  of  the
 real  property  boundary line comprising any such facility or any parked
 automobile or other parked vehicle located within one thousand  feet  of
 the  real  property  boundary line comprising any such facility. For the
 purposes of this section an "area accessible to the public"  shall  mean
 sidewalks, streets, parking lots, parks, playgrounds, stores and restau-
 rants.
   6. For the purposes of this section, a rebuttable presumption shall be
 established that a person has knowledge that they are within the grounds
 of a child day care or educational facility, PARK GROUNDS OR PLAYGROUNDS
 when notice is conspicuously posted of the presence or proximity of such
 facility.
   Criminal  sale  of  a  controlled substance in or near school grounds,
 PARK GROUNDS OR PLAYGROUNDS is a class B felony.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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