New York A 3324: Relates to the presumption of intent to sell heroin

Bill Text

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A03324 Summary:

BILL NOA03324 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSmith

&nbsp

COSPNSRBendett, Angelino, Sayegh, Chang, Slater, Novakhov, Brabenec, Mikulin, Morinello, DeStefano,
 Hawley, Miller

&nbsp

MLTSPNSR

&nbsp

Add §220.26, Pen L

&nbsp

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.

Go to top A03324 Actions:

BILL NOA03324 

&nbsp

01/27/2025referred to codes

01/07/2026referred to codes

Go to topA03324 Committee&nbspVotes:

Go to topA03324 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03324 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3324

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. SMITH, BENDETT, ANGELINO, SAYEGH, CHANG, SLATER,
 NOVAKHOV, BRABENEC, MIKULIN, MORINELLO, DeSTEFANO, HAWLEY, MILLER --
 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.
 LBD01491-01-5

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