senate Bill S657

Amended

Makes possession and sale of embalming fluid a violation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • 1ST REPORT CAL.171
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 21 / Mar / 2011
    • PASSED SENATE
  • 21 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 14 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 14 / Feb / 2012
    • PRINT NUMBER 657A
  • 15 / Feb / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
  • 27 / Mar / 2012
    • 1ST REPORT CAL.464
  • 28 / Mar / 2012
    • 2ND REPORT CAL.
  • 29 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 17 / Apr / 2012
    • SUBSTITUTED BY A3964A

Summary

Makes possession and sale of embalming fluid a misdemeanor.

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Bill Details

Versions:
S657
S657A
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd ยงยง3400 & 3455, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A3964A, S7542B
2007-2008: A1761

Sponsor Memo

BILL NUMBER:S657

TITLE OF BILL:
An act to amend the penal law and public health law, in relation to
criminal possession and unlawful sale of embalming fluid

PURPOSE OR GENERAL IDEA OF BILL:
To prevent the recreational and dangerous ingestion or inhalation of
embalming fluid.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the penal law by adding a new offense, criminal
possession of embalming fluid. A person would be guilty of that
offense when he or she possesses embalming fluid with the intent to
ingest or inhale such embalming fluid or sells to another person
knowing that such person will ingest or inhale such embalming fluid.
Subsection 2 sets forth a definition of embalming fluid for purposes
of this section and defines the crime as a class A misdemeanor.

Section 2 amends the public health law by adding a definition of
embalming fluid.

Section 3 amends the public health law by adding a new violation to
the section of law dealing with the enforcement and discipline for
funeral directors, undertakers and embalmers. This new violation would
penalize any funeral director, undertaker or embalmer who sells or
offers for sale embalming fluid to another person with actual
knowledge that such person is not a licensed funeral director,
undertaker or embalmer, or registered student and that such person
would be using the embalming fluid for purposes outside the scope of
funeral directing or embalming activities.

JUSTIFICATION:
Last year in Syracuse, a couple was severely injured when they were
struck head-on by an impaired driver. Before getting in the car and
running down the couple, the driver had smoked a cigarette dipped in
embalming fluid laced with phencyclidine (PCP), a strong hallucinogen.
One of the victims of the crash spent weeks in a coma and almost lost
a limb. The other victim suffered nearly serious injuries. This tragic
story exemplifies a rapidly growing problem: the recreational use of
embalming fluid, specifically when mixed with illegal narcotics.

Embalming fluid, a chemical compound containing formaldehyde,
methanol, ethanol and other solvents, is a highly-flammable poison,
its purpose is to preserve the dead by making the body an unsuitable
host for bacteria and other organisms. Though embalming fluid is a
legal substance when mixed with drugs, it can produce a hallucinogenic
and often violent reaction. Since it is a legal substance, the fluid
is available online. Marijuana laced with the fluid is often sold on
the streets, and fluid sold by itself on the streets is almost always
laced with other hallucinogenic drugs.

Health-care officials have noted an increase in cases of drugs being
mixed with embalming fluid. In fact, Syracuse area hospitals are
preparing to handle twice the number of embalming fluid cases compared
to last year.


This bill aims to prevent such cases and other tragedies by creating a
new penalty for illegal possession of embalming fluid, as well as
adding a new penalty within the public health law regulating the
funeral directing and embalming professions.

PRIOR LEGISLATIVE HISTORY:
S.7542B of 2009-2010 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   657

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and public  health  law,  in  relation  to
  criminal possession and unlawful sale of embalming fluid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 220.78  to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1.  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING FLUID WHEN
HE OR SHE KNOWINGLY POSSESSES EMBALMING FLUID WITH THE  INTENT:  (A)  TO
USE  SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION;
OR (B) TO SELL SUCH EMBALMING FLUID  TO  ANOTHER  PERSON  UNDER  CIRCUM-
STANCES  EVINCING  KNOWLEDGE  THAT  SUCH  OTHER PERSON OR A THIRD PERSON
INTENDS TO USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN  INGESTION  OR
INHALATION.
  2. FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICALS
OR  SUBSTANCES MANUFACTURED PRIMARILY FOR USE BY LICENSED FUNERAL DIREC-
TORS, UNDERTAKERS OR EMBALMERS, OR  REGISTERED  RESIDENTS,  TO  PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED  MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S 2. Section 3400 of the public health law is amended by adding a  new
subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-01-1

S. 657                              2

  S 3. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F)  BEING  A  FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER, OR REGISTERED
RESIDENT, KNOWINGLY GIVE, SELL, PERMIT TO BE SOLD,  OFFER  FOR  SALE  OR
DISPLAY  FOR  SALE,  OTHER THAN FOR PURPOSES WITHIN THE GENERAL SCOPE OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR REGISTERED RESIDENT, EMBALMING FLUID TO ANOTHER  PERSON  WITH  ACTUAL
KNOWLEDGE  THAT  SUCH  OTHER  PERSON IS NOT A LICENSED FUNERAL DIRECTOR,
UNDERTAKER OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED  TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS  ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS CHAP-
TER; OR
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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