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Assembly Bill A5969A

2011-2012 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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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5969 - Details

See Senate Version of this Bill:
S5169
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.15, add §125.16, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9522

2011-A5969 - Summary

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

2011-A5969 - Bill Text download pdf 

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

                                  5969

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG,  SPANO,  MAISEL, CASTRO, COLTON,
  ARROYO, GIBSON, COOK, GALEF, GABRYSZAK -- Multi-Sponsored by -- M.  of
  A. BOYLAND, BURLING, CALHOUN, CROUCH, FINCH, MARKEY, McDONOUGH, McKEV-
  ITT,  OAKS,  RAIA,  SALADINO,  TITONE -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09421-01-1

co-Sponsors

multi-Sponsors

2011-A5969A (ACTIVE) - Details

See Senate Version of this Bill:
S5169
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §125.15, add §125.16, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A9522

2011-A5969A (ACTIVE) - Summary

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

2011-A5969A (ACTIVE) - Bill Text download pdf 

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

                                 5969--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG,  MAISEL, CASTRO, COLTON, ARROYO,
  GIBSON, COOK, GALEF, GABRYSZAK --  Multi-Sponsored  by  --  M.  of  A.
  BOYLAND, BURLING, CALHOUN, CROUCH, FINCH, MARKEY, McDONOUGH, McKEVITT,
  OAKS,  RAIA, SALADINO, TITONE -- read once and referred to the Commit-
  tee 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09421-02-2

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