New York Assembly Bill A07063 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7063 2023-2024 Regular Sessions  IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Codes 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: 22 (i) In, on or within any building, structure, parking lot or land 23 contained within the real property boundary line of any facility that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10660-03-3 
 A. 7063 2 1 provides addiction disorder services, as defined by subdivision fifty- 2 five of section 1.03 of the mental hygiene law, or a methadone clinic; 3 or 4 (ii) Any area accessible to the public located within one thousand 5 feet of the real property boundary line comprising any facility which 6 provides addiction disorder services, as defined in subdivision fifty- 7 five of section 1.03 of the mental hygiene law, or any methadone clinic, 8 or any parked automobile or other parked vehicle located within one 9 thousand feet of the real property boundary line comprising such a 10 facility or methadone clinic. 11 (b) "Area accessible to the public" means sidewalks, streets, parking 12 lots, parks, playgrounds, stores and restaurants. 13 (c) "Upon the grounds of an alcoholics anonymous meeting" means: 14 (i) In, on or within any building, structure, parking lot or land 15 contained within the real property boundary line of any facility which 16 provides a meeting place for alcoholics anonymous, when such group is 17 registered as a meeting place with the General Service Office of Alco- 18 holics Anonymous; or 19 (ii) Any area accessible to the public located within one thousand 20 feet of the real property boundary line comprising any facility which 21 provides a meeting place for alcoholics anonymous, when such group is 22 registered as a meeting place with the General Service Office of Alco- 23 holics Anonymous, or any parked automobile or other parked vehicle 24 located within one thousand feet of the real property boundary line 25 comprising such a facility. 26 (d) "Upon the grounds of a narcotics anonymous meeting" means: 27 (i) In, on or within any building, structure, parking lot or land 28 contained within the real property boundary line of any facility which 29 provides a meeting place for narcotics anonymous, when such group is 30 registered as a meeting place with Narcotics Anonymous World Services; 31 or 32 (ii) Any area accessible to the public located within one thousand 33 feet of the real property boundary line comprising any facility which 34 provides a meeting place for narcotics anonymous, when such group is 35 registered as a meeting place with Narcotics Anonymous World Services or 36 any parked automobile or other parked vehicle located within one thou- 37 sand feet of the real property boundary line comprising such a facility. 38 3. For the purposes of this section, a rebuttable presumption shall be 39 established that a person has knowledge that they are upon the grounds 40 of a drug or alcohol treatment center, upon the grounds of an alcoholics 41 anonymous meeting, or upon the grounds of a narcotics anonymous meeting 42 when notice is conspicuously posted in the presence of, or proximity to, 43 such grounds. 44 Criminal sale of a controlled substance upon the grounds of a drug or 45 alcohol treatment center, or alcoholics anonymous or narcotics anonymous 46 meeting is a class E felony. 47 § 2. This act shall take effect on the first of November next succeed- 48 ing the date upon which it shall have become a law.