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A07453 Summary:

BILL NOA07453
 
SAME ASNo Same As
 
SPONSORTitone
 
COSPNSR
 
MLTSPNSR
 
Add 220.44-a, Pen L
 
Establishes the crime of criminal sale of a controlled substance in or near a methadone clinic; makes such crime a class B felony; defines methadone clinic as a facility established for counseling and the dispensing of methadone to individuals addicted to heroin or other opiates.
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A07453 Actions:

BILL NOA07453
 
04/26/2017referred to codes
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A07453 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7453
 
SPONSOR: Titone
  TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the crime of criminal sale of a controlled substance in or near a methadone clinic   PURPOSE OR GENERAL IDEA OF BILL: To increase penalties for the sale of controlled substances near metha- done treatment centers.   SUMMARY OF PROVISIONS: Amends Section 220 of the Penal Code by adding a new subdivision 220.44A which would create the crime of Criminal Sale of a Controlled Substance in or near a Methadone Clinic whereby a person would be guilty of such an offense if they knowingly and unlawfully sell a controlled substance in violation of the provisions of Sections 220.21, 220.34, 39, 220.41 or 220.43 and such violation occurs within 200 yards of a methadone treat- ment facility. Criminal sale of a controlled substance in or near a methadone treatment facility shall be a class B felony.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: Methadone clinics are often opposed by communities because they are considered to create an unsafe atmosphere. This law will attempt to curb drug use and sales near treatment facilities in hope to minimize the impact such behaviors have in communities where such facilities are located. Additionally, those who knowingly sell controlled substances in or near such treatment facilities are preying on vulnerable citizens who are in recovery.   PRIOR LEGISLATIVE HISTORY: 2011-2012: A8838 Referred to Codes 2013-2014: A4281 Referred to Codes 2015-2016: A3140 Referred to Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect 180 days after it shall have become law.
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A07453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7453
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 26, 2017
                                       ___________
 
        Introduced by M. of A. TITONE -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          criminal sale of a controlled substance in or near a methadone clinic
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The penal law is amended by adding a new section 220.44-a
     2  to read as follows:
     3  § 220.44-a Criminal sale of a controlled substance in or near  a  metha-
     4               done clinic.
     5    A  person  is  guilty of criminal sale of a controlled substance in or
     6  near a methadone clinic when he or she knowingly and unlawfully sells:
     7    1. a controlled substance in violation of section 220.21 of this arti-
     8  cle, when such sale takes place within two hundred yards of a  methadone
     9  clinic; or
    10    2.  a controlled substance in violation of any one of subdivisions one
    11  through six-a or subdivision nine of section  220.34  of  this  article,
    12  when such sale takes place within two hundred yards of a methadone clin-
    13  ic; or
    14    3. a controlled substance in violation of section 220.39 of this arti-
    15  cle,  when such sale takes place within two hundred yards of a methadone
    16  clinic; or
    17    4. a controlled substance in violation of section 220.41 of this arti-
    18  cle, when such sale takes place within two hundred yards of a  methadone
    19  clinic; or
    20    5. a controlled substance in violation of section 220.43 of this arti-
    21  cle,  when such sale takes place within two hundred yards of a methadone
    22  clinic.
    23    6. For the purposes of this section, a rebuttable presumption shall be
    24  established that a person has knowledge that they are within the grounds
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11038-01-7

        A. 7453                             2
 
     1  of a methadone clinic when notice is conspicuously posted of  the  pres-
     2  ence or proximity of such facility.
     3    7.  For  purposes  of  this section, a "methadone clinic" shall mean a
     4  facility established for counseling and the dispensing of  methadone  to
     5  individuals addicted to heroin or other opiates.
     6    Criminal  sale of a controlled substance in or near a methadone clinic
     7  is a class B felony.
     8    § 2. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law.
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