NY State Assembly Bill A6494A

Archive: Last Bill Status - In Assembly Committee

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	print number 6494a
Mar 25, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Mar 06, 2009	referred to codes

Bill Amendments

Original

A (Active)

Original

A (Active)

A6494 - Details

See Senate Version of this Bill:: S2316
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.41 & 220.43, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3032, S3210
2013-2014: A10067, S988
2015-2016: A4529, A10084, S208
2017-2018: A3981, S3845
2019-2020: A2453, S3155
2021-2022: A6502, S2079
2023-2024: A6709, S6019

A6494 - Summary

Increases penalties for the sale of controlled substances to minors: sale to persons under 18 years of age shall be an A-II felony and sale to a person under 14 years of age shall be an A-I felony.

A6494 - Bill Text download pdf

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

                                  6494

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the penal law, in relation to the sale of controlled
  substances to minors

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

  Section  1.  Subdivision  7  of  section  220.41  of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
sion 8 is added to read as follows:
  7.  methadone and the methadone weighs three hundred sixty  milligrams
or more[.]; OR
  8. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
  S  2.  Subdivision 2 of section 220.43 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
added to read as follows:
  2.  methadone  and  the  methadone  weighs  two thousand eight hundred
eighty milligrams or more[.]; OR
  3. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN FOURTEEN YEARS OF AGE.
  S 3. This act shall take effect September 1, 2009.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08939-01-9

A6494A (ACTIVE) - Details

See Senate Version of this Bill:: S2316
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§220.41 & 220.43, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3032, S3210
2013-2014: A10067, S988
2015-2016: A4529, A10084, S208
2017-2018: A3981, S3845
2019-2020: A2453, S3155
2021-2022: A6502, S2079
2023-2024: A6709, S6019

A6494A (ACTIVE) - Summary

Increases penalties for the sale of controlled substances to minors: sale to persons under 18 years of age shall be an A-II felony and sale to a person under 14 years of age shall be an A-I felony.

A6494A (ACTIVE) - Sponsor Memo

BILL NUMBER:A6494A

TITLE  OF BILL:   An act to amend the penal law, in relation to the sale
of controlled substances to minors

PURPOSE OF BILL:  To amend the Penal Law to provide  that  the  sale  of
controlled  substances  to  minors  may  be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:

§220.41 and §220.43 are amended by adding new sections which address the
sale of a controlled substance to a person less than eighteen (10  years
of age and to a person less than fourteen (14) years of age.

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.  Being  adoles-
cents,  they  believe  they are invincible. They become dependent on the
likes of oxycodine, vicodin and  other  controlled  substances.    There
comes a point where it becomes too expensive and difficult to obtain the
prescriptions.  Some  will  then turn to heroin as a replacement so they
can obtain the desired high they felt from the prescriptions.  They  may
start  by  snorting or smoking it believing that this will not result in

addiction. When a more desirable high is needed they  being  to  use  it
intravenously.

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 computer
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
child this age.

Drug use (especially heroin) 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 in  appropri-
ate circumstances be dealt with harshly.  The proposals embodied in this
bill  are  not intended to punish the drug afflicted youngsters, but are
instead intended to punish those who profit from the enterprise of sell-
ing 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:  New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on September 1, 2010.

A6494A (ACTIVE) - Bill Text download pdf

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

                                 6494--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to  the  sale  of  controlled
  substances to minors

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

  Section 1. Subdivision 7 of  section  220.41  of  the  penal  law,  as
amended by chapter 75 of the laws of 1995, is amended and a new subdivi-
sion 8 is added to read as follows:
  7.   methadone and the methadone weighs three hundred sixty milligrams
or more[.]; OR
  8. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
  S 2. Subdivision 2 of section 220.43 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
  2. methadone and the  methadone  weighs  two  thousand  eight  hundred
eighty milligrams or more[.]; OR
  3. A CONTROLLED SUBSTANCE TO A PERSON LESS THAN FOURTEEN YEARS OF AGE.
  S 3. This act shall take effect September 1, 2010.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08939-02-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

assembly Bill A6494A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

A6494 - Details

A6494 - Summary

A6494 - Bill Text download pdf

A6494A (ACTIVE) - Details

A6494A (ACTIVE) - Summary

A6494A (ACTIVE) - Sponsor Memo

A6494A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A6494A

Share this bill

Sponsored By

LAVINE

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

A6494 - Details

A6494 - Summary

A6494 - Bill Text download pdf

A6494A (ACTIVE) - Details

A6494A (ACTIVE) - Summary

A6494A (ACTIVE) - Sponsor Memo

A6494A (ACTIVE) - Bill Text download pdf

Comments