STATE OF NEW YORK
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4023
2015-2016 Regular Sessions
IN SENATE
February 26, 2015
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Introduced by Sen. SKELOS -- 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 criminal sale of a
controlled substance upon the grounds of a drug or alcohol treatment
center
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 220.66 to
2 read as follows:
3 § 220.66 Criminal sale of a controlled substance upon the grounds of a
4 drug or alcohol treatment center.
5 1. A person is guilty of criminal sale of a controlled substance upon
6 the grounds of a drug or alcohol treatment center when he or she knowing
7 and unlawfully sells a controlled substance in violation of:
8 (a) any one of subdivisions one through six-a of section 220.34 of
9 this article, when such sale takes place upon the grounds of a drug or
10 alcohol treatment center; or
11 (b) any one of subdivisions one through eight of section 220.39 of
12 this article, when such sale takes place upon the grounds of a drug or
13 alcohol treatment center.
14 2. For the purposes of this section, "upon the grounds of a drug or
15 alcohol treatment center" means (a) in, on or within any building,
16 structure, parking lot or land contained within the real property bound-
17 ary line of any facility which provides chemical dependence services, as
18 defined in subdivision fifty-five of section 1.03 of the mental hygiene
19 law, or a methadone clinic, or (b) any area accessible to the public
20 located within one thousand feet of the real property boundary line
21 comprising any facility which provides chemical dependence services, as
22 defined in subdivision fifty-five of section 1.03 of the mental hygiene
23 law, or any methadone clinic, or any parked automobile or other parked
24 vehicle located within one thousand feet of the real property boundary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03319-01-5
S. 4023 2
1 line comprising such a facility or methadone clinic. For the purposes of
2 this section, "area accessible to the public" means sidewalks, streets,
3 parking lots, parks, playgrounds, stores and restaurants.
4 3. For the purposes of this section, a rebuttable presumption shall be
5 established that a defendant has knowledge that he or she is upon the
6 grounds of a drug or alcohol treatment center when notice is conspicu-
7 ously posted of the presence or proximity of a drug or alcohol treatment
8 center or methadone clinic.
9 Criminal sale of a controlled substance upon the grounds of a drug or
10 alcohol treatment center is a class B felony.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
