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.
STATE OF NEW YORK
________________________________________________________________________
4438
2011-2012 Regular Sessions
IN ASSEMBLY
February 3, 2011
___________
Introduced by M. of A. AUBRY -- 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:
1 Section 1. Subdivision 2 of section 220.25 of the penal law, as
2 amended by chapter 341 of the laws of 1985, is amended to read as
3 follows:
4 2. The presence of a narcotic drug, narcotic preparation, marihuana or
5 phencyclidine in open view in a room, other than a public place, under
6 circumstances evincing an intent to unlawfully mix, compound, package or
7 otherwise prepare for sale such controlled substance is presumptive
8 evidence of knowing possession thereof by each and every person present
9 in such room in close proximity to such controlled substance at the time
10 such controlled substance was found; except that such presumption does
11 not apply to any such persons if: (a) one of them, having obtained such
12 controlled substance and not being under duress, is authorized to
13 possess it and such controlled substance is in the same container as
14 when he received possession thereof, or (b) one of them has such
15 controlled substance upon his person.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08359-01-1
