Establishes the crime of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center, or alcoholics anonymous or narcotics anonymous meeting; designates such crime as a class E felony.
STATE OF NEW YORK
________________________________________________________________________
6207--A
2023-2024 Regular Sessions
IN SENATE
April 3, 2023
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, in relation to establishing the crime of
criminal sale of a controlled substance upon the grounds of a drug or
alcohol treatment center, or alcoholics anonymous or narcotics anony-
mous meeting
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, or alcoholics anonymous or
5 narcotics anonymous meeting.
6 1. A person is guilty of criminal sale of a controlled substance upon
7 the grounds of a drug or alcohol treatment center, or alcoholics anony-
8 mous or narcotics anonymous meeting when he or she knowing and unlaw-
9 fully sells a controlled substance in violation of:
10 (a) subdivision one, two, four, five, six or six-a of section 220.34
11 of this article, when such sale takes place upon the grounds of a drug
12 or alcohol treatment center, upon the grounds of an alcoholics anonymous
13 meeting, or upon the grounds of a narcotics anonymous meeting; or
14 (b) subdivision one, two, three, four, five, six, seven or eight of
15 section 220.39 of this article, when such sale takes place upon the
16 grounds of a drug or alcohol treatment center, upon the grounds of an
17 alcoholics anonymous meeting, or upon the grounds of a narcotics anony-
18 mous meeting.
19 2. For the purposes of this section, the following terms shall have
20 the following meanings:
21 (a) "Upon the grounds of a drug or alcohol treatment center" means:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10660-02-3
S. 6207--A 2
1 (i) In, on or within any building, structure, parking lot or land
2 contained within the real property boundary line of any facility that
3 provides addiction disorder services, as defined by subdivision fifty-
4 five of section 1.03 of the mental hygiene law, or a methadone clinic;
5 or
6 (ii) Any area accessible to the public located within one thousand
7 feet of the real property boundary line comprising any facility which
8 provides addiction disorder services, as defined in subdivision fifty-
9 five of section 1.03 of the mental hygiene law, or any methadone clinic,
10 or any parked automobile or other parked vehicle located within one
11 thousand feet of the real property boundary line comprising such a
12 facility or methadone clinic.
13 (b) "Area accessible to the public" means sidewalks, streets, parking
14 lots, parks, playgrounds, stores and restaurants.
15 (c) "Upon the grounds of an alcoholics anonymous meeting" means:
16 (i) In, on or within any building, structure, parking lot or land
17 contained within the real property boundary line of any facility which
18 provides a meeting place for alcoholics anonymous, when such group is
19 registered as a meeting place with the General Service Office of Alco-
20 holics Anonymous; or
21 (ii) Any area accessible to the public located within one thousand
22 feet of the real property boundary line comprising any facility which
23 provides a meeting place for alcoholics anonymous, when such group is
24 registered as a meeting place with the General Service Office of Alco-
25 holics Anonymous, or any parked automobile or other parked vehicle
26 located within one thousand feet of the real property boundary line
27 comprising such a facility.
28 (d) "Upon the grounds of a narcotics anonymous meeting" means:
29 (i) In, on or within any building, structure, parking lot or land
30 contained within the real property boundary line of any facility which
31 provides a meeting place for narcotics anonymous, when such group is
32 registered as a meeting place with Narcotics Anonymous World Services;
33 or
34 (ii) Any area accessible to the public located within one thousand
35 feet of the real property boundary line comprising any facility which
36 provides a meeting place for narcotics anonymous, when such group is
37 registered as a meeting place with Narcotics Anonymous World Services or
38 any parked automobile or other parked vehicle located within one thou-
39 sand feet of the real property boundary line comprising such a facility.
40 3. For the purposes of this section, a rebuttable presumption shall be
41 established that a person has knowledge that they are upon the grounds
42 of a drug or alcohol treatment center, upon the grounds of an alcoholics
43 anonymous meeting, or upon the grounds of a narcotics anonymous meeting
44 when notice is conspicuously posted in the presence of, or proximity to,
45 such grounds.
46 Criminal sale of a controlled substance upon the grounds of a drug or
47 alcohol treatment center, or alcoholics anonymous or narcotics anonymous
48 meeting is a class E felony.
49 § 2. This act shall take effect on the first of November next succeed-
50 ing the date upon which it shall have become a law.
