S T A T E O F N E W Y O R K
Cal. No. 62
2011-2012 Regular Sessions
I N S E N A T E
February 11, 2011
Introduced by Sens. MARTINS, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- recommitted to the Committee on Codes in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the penal law, in relation to the criminal sale of a
controlled substance to a person less than fourteen years of age
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws of 2009, is amended to read as
S 220.48 Criminal sale of a controlled substance to a child IN THE
A person is guilty of criminal sale of a controlled substance to a
child IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance in violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
Criminal sale of a controlled substance to a child IN THE SECOND
DEGREE is a class B felony.
S 2. The penal law is amended by adding a new section 220.49 to read
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3210--B 2
SECTION 220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
S 3. This act shall take effect September 1, 2012.