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Assembly Bill A6496

2009-2010 Legislative Session

Relates to the sale of controlled substances resulting in death

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A6496 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.15, Pen L

2009-A6496 - Summary

Provides that the sale of a controlled substance resulting in death shall be manslaughter in the second degree, a class C felony.

2009-A6496 - Bill Text download pdf 

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

                                  6496

                       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 crime of manslaughter
  through the sale of a controlled substance that causes  the  death  of
  another person

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

  Section 1. Section 125.15 of the penal  law  is  amended  to  read  as
follows:
S 125.15 Manslaughter in the second degree.
  A person is guilty of manslaughter in the second degree when:
  1. He recklessly causes the death of another person; or
  2.  He commits upon a female an abortional act which causes her death,
unless such abortional act is justifiable pursuant to subdivision  three
of section 125.05; or
  3.   He   intentionally  causes  or  aids  another  person  to  commit
suicide[.];
  4. HE OR SHE KNOWINGLY SELLS A CONTROLLED SUBSTANCE TO ANOTHER  PERSON
IN  VIOLATION OF SECTION 220.31 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE
IN THE FIFTH DEGREE), 220.34 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
THE FOURTH DEGREE), 220.39 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
THE  THIRD  DEGREE),  220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
THE SECOND DEGREE), 220.43 (CRIMINAL SALE OF A CONTROLLED  SUBSTANCE  IN
THE FIRST DEGREE), OR 220.44 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN
OR NEAR SCHOOL GROUNDS), AND UPON THE INHALATION, INGESTION OR INJECTION
OF SUCH CONTROLLED SUBSTANCE BY SUCH PERSON OR BY ANY OTHER PERSON, SUCH
PERSON OR OTHER PERSON DIES AS A RESULT OF SUCH INHALATION, INGESTION OR
INJECTION.
  Manslaughter in the second degree is a class C felony.
  S 2. This act shall take effect September 1, 2009.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08931-01-9

2009-A6496A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.15, Pen L

2009-A6496A (ACTIVE) - Summary

Provides that the sale of a controlled substance resulting in death shall be manslaughter in the second degree, a class C felony.

2009-A6496A (ACTIVE) - Sponsor Memo

2009-A6496A (ACTIVE) - Bill Text download pdf 

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

                                 6496--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  -- 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  a  controlled
  substance to a person which causes the death of such person or another
  person

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

  Section 1. Subdivision 3 of section 125.15 of the penal law is amended
and a new subdivision 4 is added to read as follows:
  3.  He  intentionally  causes  or  aids  another  person   to   commit
suicide[.]; OR
  4.  HE  KNOWINGLY  SELLS  A  CONTROLLED SUBSTANCE TO ANOTHER PERSON IN
VIOLATION OF SECTION 220.31, 220.34, 220.39, 220.41, 220.43 OR 220.44 OF
THIS CHAPTER THAT IS CONSUMED BY SUCH PERSON OR ANOTHER PERSON AND  SUCH
CONTROLLED SUBSTANCE CAUSES THE DEATH OF SUCH PERSON OR OTHER PERSON.
  S 2. This act shall take effect September 1, 2010.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08931-03-0

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