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Assembly Bill A9522

2009-2010 Legislative Session

Makes the sale of a controlled substance that results in the death of a person manslaughter in the second degree

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Archive: Last Bill Status - In Assembly Committee

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2009-A9522 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.15, add §125.16, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A5969

2009-A9522 (ACTIVE) - Summary

Makes the sale of a controlled substance that results in the death of a person manslaughter in the second degree.

2009-A9522 (ACTIVE) - Sponsor Memo

2009-A9522 (ACTIVE) - Bill Text download pdf 

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

                                  9522

                          I N  A S S E M B L Y

                            January 11, 2010
                               ___________

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

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 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 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 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.
  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. This act shall take effect September 1, 2010.

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

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