Ashby, Crouch, Friend, Palmesano, Giglio, Blankenbush, McDonough, Morinello, Finch, Mikulin, Smith,
Kolb, LiPetri, Reilly, DeStefano, Salka, Miller B, Manktelow, Miller ML, Lawrence
MLTSPNSR
Byrnes, Tague
Add §220.26, Pen L
Creates the presumption of intent to sell: possession of thirty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.
STATE OF NEW YORK
________________________________________________________________________
5096
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
___________
Introduced by M. of A. RAIA, ASHBY, CROUCH, FRIEND, PALMESANO, GIGLIO,
BLANKENBUSH, McDONOUGH, MORINELLO, FINCH, MIKULIN, SMITH, KOLB -- read
once and referred 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:
1 Section 1. The penal law is amended by adding a new section 220.26 to
2 read as follows:
3 § 220.26 Presumption of intent to sell.
4 For the purposes of a prosecution of a charge under subdivision one of
5 section 220.16 of this article, the possession of thirty or more indi-
6 vidual packages containing the controlled substance defined under para-
7 graph eleven of subdivision (c) of schedule I of section thirty-three
8 hundred six of the public health law and/or the possession of such
9 controlled substance in an amount having an aggregate value of three
10 hundred dollars or more, is presumptive evidence that such person
11 possessed such controlled substance with intent to sell it.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04374-02-9
