S T A T E O F N E W Y O R K
________________________________________________________________________
6418--A
I N S E N A T E
(PREFILED)
January 6, 2010
___________
Introduced by Sens. C. JOHNSON, ADAMS, AUBERTINE, FOLEY, FUSCHILLO,
KLEIN, MORAHAN, ONORATO, RANZENHOFER -- read twice and ordered print-
ed, and when printed to be committed 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 OR SHE intentionally causes or aids another person to commit
suicide[.]; OR
4. HE OR SHE, BEING EIGHTEEN YEARS OF AGE OR OLDER AND BEING PREVIOUS-
LY CONVICTED OF ONE OR MORE CRIMES UNDER ARTICLE TWO HUNDRED TWENTY OF
THIS PART, KNOWINGLY SELLS FOR VALUE 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 PART THAT IS CONSUMED, INJECTED, INHALED OR INGESTED BY
SUCH PERSON OR ANOTHER PERSON AND SUCH CONTROLLED SUBSTANCE CAUSES THE
DEATH OF SUCH PERSON OR OTHER PERSON.
S 2. The penal law is amended by adding a new section 125.16 to read
as follows:
S 125.16 MANSLAUGHTER IN THE SECOND DEGREE; SPECIAL PROVISIONS.
1. FOR PURPOSES OF SUBDIVISION FOUR OF SECTION 125.15 OF THIS ARTICLE,
IT SHALL NOT BE A DEFENSE TO A PROSECUTION UNDER SUCH SUBDIVISION THAT:
A. THE DEFENDANT DID NOT INTEND TO CAUSE THE DEATH OF THE DECEDENT; OR
B. THE DECEDENT CAUSED HIS OR HER OWN DEATH BY HIS OR HER PURPOSEFUL,
KNOWING, RECKLESS OR NEGLIGENT CONSUMPTION, INJECTION, INHALATION OR
INGESTION OF SUCH CONTROLLED SUBSTANCE BY ANY MEANS OR BY SUCH
DECEDENT'S CONSENT TO THE ADMINISTRATION OF SUCH CONTROLLED SUBSTANCE BY
ANOTHER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15115-04-0
S. 6418--A 2
2. NOTHING SET FORTH IN SUBDIVISION FOUR OF SECTION 125.15 OF THIS
ARTICLE SHALL BE CONSTRUED TO PRECLUDE OR LIMIT IN ANY WAY THE PROSE-
CUTION OF ANY OTHER CRIME SET FORTH IN THIS ARTICLE.
3. A CONVICTION UNDER SUBDIVISION FOUR OF SECTION 125.15 OF THIS ARTI-
CLE SHALL NOT MERGE WITH A CONVICTION FOR ANY OTHER CRIME SET FORTH IN
THIS CHAPTER.
S 3. Section 70.25 of the penal law is amended by adding a new subdi-
vision 2-h to read as follows:
2-H. WHENEVER A PERSON IS CONVICTED OF MANSLAUGHTER IN THE SECOND
DEGREE AS DEFINED IN SUBDIVISION FOUR OF SECTION 124.15 AND ANY OTHER
CRIME SET FORTH IN THIS CHAPTER THE SENTENCES MUST RUN CONSECUTIVELY.
S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, MANSLAUGHTER IN THE SECOND DEGREE AS SET FORTH IN
SUBDIVISION FOUR OF SECTION 125.15, rape in the second degree as defined
in section 130.30, criminal sexual act in the second degree as defined
in section 130.45, sexual abuse in the first degree as defined in
section 130.65, course of sexual conduct against a child in the second
degree as defined in section 130.80, aggravated sexual abuse in the
third degree as defined in section 130.66, facilitating a sex offense
with a controlled substance as defined in section 130.90, criminal
possession of a weapon in the third degree as defined in subdivision
five, six, seven or eight of section 265.02, criminal sale of a firearm
in the third degree as defined in section 265.11, intimidating a victim
or witness in the second degree as defined in section 215.16, soliciting
or providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
S 5. This act shall take effect September 1, 2010.
