Creates the presumption of intent to sell: possession of fifty or more individual packages containing heroin is presumptive evidence that such person possessed such controlled substance with intent to sell.
STATE OF NEW YORK
________________________________________________________________________
632
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
___________
Introduced by Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, FELDER, FLANAGAN,
FUNKE, GALLIVAN, GRIFFO, HELMING, JACOBS, LANZA, LAVALLE, LITTLE,
O'MARA, ORTT, RANZENHOFER, RITCHIE, SERINO, YOUNG -- 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 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 fifty or more individ-
6 ual packages containing the controlled substance defined under paragraph
7 eleven of subdivision (c) of schedule I of section thirty-three hundred
8 six of the public health law and/or the possession of such controlled
9 substance in an amount having an aggregate value of three hundred
10 dollars or more, is presumptive evidence that such person possessed such
11 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.
LBD04374-01-9
