senate Bill S988A

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age

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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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.188
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2013
    • PASSED SENATE
  • 20 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 23 / Jan / 2014
    • PRINT NUMBER 988A
  • 04 / Feb / 2014
    • 1ST REPORT CAL.130
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2014
    • PASSED SENATE
  • 05 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2014
    • REFERRED TO CODES

Summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

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Bill Details

See Assembly Version of this Bill:
A10067
Versions:
S988
S988A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §220.48, add §220.49, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3210B, A3032A, S3210B
2009-2010: S2316A, A6494A, S2316A

Sponsor Memo

BILL NUMBER:S988A

TITLE OF BILL: 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

PURPOSE OF BILL:

To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:

Adds § 220.49 of the Penal. Law which creates the crime of criminal
sale of a controlled substance to a child in the first degree, making
the sale of a controlled substance by an adult to a minor under the
age of 14 a class A-II felony. Also Amends the title of § 220.42 of
the Penal Law, reflecting the lesser included offense of criminal sale
of controlled substance to a child in the second degree.

JUSTIFICATION:

There has been a recent increase in drug use, especially opiate based
substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers Internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone who
would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.

Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance to
law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:

S.988 (2013) - Passed Senate
S.3210B(2012) - Passed Senate
A.6494 (2010)


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                 988--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MARTINS, AVELLA, GALLIVAN, GOLDEN, LANZA, LARKIN,
  MAZIARZ, O'BRIEN, YOUNG, ZELDIN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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
follows:
S 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
           SECOND DEGREE.
  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
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  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.
                                                           LBD05045-02-4

S. 988--A                           2

SECTION  220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
  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 on the one hundred eightieth day after
it shall have become a law.

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