Senate Bill S638

2017-2018 Legislative Session

Creates 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-S638 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7169
2015-2016: S100
2019-2020: S632
2021-2022: S6125

2017-S638 (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.

2017-S638 (ACTIVE) - Sponsor Memo

2017-S638 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    638
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  BOYLE,  ADDABBO,  AKSHAR, AMEDORE, CROCI, FELDER,
   FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO,  HAMILTON,  LANZA,  LARKIN,
   LAVALLE,   LITTLE,   MARCHIONE,  MURPHY,  O'MARA,  ORTT,  RANZENHOFER,
   RITCHIE, SERINO, YOUNG -- 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:
 § 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 PARAGRAPH
 ELEVEN OF SUBDIVISION (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.
   §  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.
                                                            LBD05394-01-7

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