NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6838
SPONSOR: Beephan TITLE OF BILL:
An act to amend the penal law, in relation to criminal sale of a
controlled substance upon the grounds of a drug or alcohol treatment
center
PURPOSE::
This bill would create "drug free zones" prohibiting the criminal sale
of a controlled substance within one thousand feet of a drug or alcohol
treatment center and methadone clinic.
SUMMARY OF PROVISIONS::
Section 1 amends the penal law by adding a new section, 220.66, crimi-
nalizing the sale of a controlled substance upon the grounds of a drug
or alcohol treatment center or methadone clinic, or within one thousand
feet of such facilities. This new section would hold the penalty of a
class B felony.
Section 2 states the effective date.
JUSTIFICATION::
This legislation seeks to protect individuals in recovery and deter drug
dealers by designating the areas surrounding drug or alcohol treatment
centers and methadone clinics as "drug free zones."
This designation would increase penalties on drug dealers who prey on
vulnerable individuals in recovery by selling drugs in the immediate
vicinity of a drug or alcohol treatment center.
LEGISLATIVE HISTORY::
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE::
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
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6838
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. BEEPHAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to criminal sale of a
controlled substance upon the grounds of a drug or alcohol treatment
center
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.
5 1. A person is guilty of criminal sale of a controlled substance upon
6 the grounds of a drug or alcohol treatment center when he or she know-
7 ingly and unlawfully sells a controlled substance in violation of:
8 (a) any one of subdivisions one through six-a of section 220.34 of
9 this article, when such sale takes place upon the grounds of a drug or
10 alcohol treatment center; or
11 (b) any one of subdivisions one through eight of section 220.39 of
12 this article, when such sale takes place upon the grounds of a drug or
13 alcohol treatment center.
14 2. For the purposes of this section, "upon the grounds of a drug or
15 alcohol treatment center" means (a) in, on or within any building,
16 structure, parking lot or land contained within the real property bound-
17 ary line of any facility which provides chemical dependence services, as
18 defined in subdivision fifty-five of section 1.03 of the mental hygiene
19 law, or a methadone clinic, or (b) any area accessible to the public
20 located within one thousand feet of the real property boundary line
21 comprising any facility which provides chemical dependence services, as
22 defined in subdivision fifty-five of section 1.03 of the mental hygiene
23 law, or any methadone clinic, or any parked automobile or other parked
24 vehicle located within one thousand feet of the real property boundary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09091-02-3
A. 6838 2
1 line comprising such a facility or methadone clinic. For the purposes of
2 this section, "area accessible to the public" means sidewalks, streets,
3 parking lots, parks, playgrounds, stores and restaurants.
4 3. For the purposes of this section, a rebuttable presumption shall be
5 established that a defendant has knowledge that he or she is upon the
6 grounds of a drug or alcohol treatment center when notice is conspicu-
7 ously posted of the presence or proximity of a drug or alcohol treatment
8 center or methadone clinic.
9 Criminal sale of a controlled substance upon the grounds of a drug or
10 alcohol treatment center is a class B felony.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
