Montesano, Salka, Lalor, Mikulin, Giglio, Morinello, DeStefano, Hawley, Brabenec, Lawrence, Miller
B
MLTSPNSR
Sayegh
Add §220.26, Pen L
Creates the presumption of intent to sell when a person is in possession of forty or more individual packages containing heroin with an aggregate weight of 4.0 grams.
STATE OF NEW YORK
________________________________________________________________________
6426
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to 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 forty or more individ-
6 ual packages containing one or more preparations, compounds, mixtures or
7 substances of the controlled substance defined under paragraph eleven of
8 subdivision (c) of schedule I of section thirty-three hundred six of the
9 public health law and said preparations, compounds, mixtures or
10 substances are of an aggregate weight of 4.0 grams or more, is presump-
11 tive evidence that such person possessed such controlled substance with
12 intent to sell it.
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06772-01-9
