STATE OF NEW YORK ________________________________________________________________________ 638 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sens. BOYLE, ADDABBO, AKSHAR, AMEDORE, CROCI, FELDER, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HAMILTON, LANZA, LARKIN, LAVALLE, LITTLE, MARCHIONE, MURPHY, 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. LBD05394-01-7