senate Bill S657A

Signed By Governor
2011-2012 Legislative Session

Makes possession and sale of embalming fluid a violation

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Archive: Last Bill Status Via A3964 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2012 signed chap.29
May 07, 2012 delivered to governor
Apr 17, 2012 returned to assembly
passed senate
3rd reading cal.464
substituted for s657a
Apr 17, 2012 substituted by a3964a
Mar 29, 2012 advanced to third reading
Mar 28, 2012 2nd report cal.
Mar 27, 2012 1st report cal.464
Feb 15, 2012 committee discharged and committed to health
Feb 14, 2012 print number 657a
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 21, 2011 referred to codes
delivered to assembly
passed senate
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.171
Jan 05, 2011 referred to codes

Votes

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Mar 27, 2012 - Health committee Vote

S657A
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Mar 8, 2011 - Codes committee Vote

S657
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S657 - Bill Details

See Assembly Version of this Bill:
A3964A
Law Section:
Public Health Law
Laws Affected:
Amd §§3400 & 3455, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7542B, A11509

S657 - Bill Texts

view summary

Makes possession and sale of embalming fluid a misdemeanor.

view sponsor memo
BILL NUMBER:S657

TITLE OF BILL:
An act to amend the penal law and public health law, in relation to
criminal possession and unlawful sale of embalming fluid

PURPOSE OR GENERAL IDEA OF BILL:
To prevent the recreational and dangerous ingestion or inhalation of
embalming fluid.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the penal law by adding a new offense, criminal
possession of embalming fluid. A person would be guilty of that
offense when he or she possesses embalming fluid with the intent to
ingest or inhale such embalming fluid or sells to another person
knowing that such person will ingest or inhale such embalming fluid.
Subsection 2 sets forth a definition of embalming fluid for purposes
of this section and defines the crime as a class A misdemeanor.

Section 2 amends the public health law by adding a definition of
embalming fluid.

Section 3 amends the public health law by adding a new violation to
the section of law dealing with the enforcement and discipline for
funeral directors, undertakers and embalmers. This new violation would
penalize any funeral director, undertaker or embalmer who sells or
offers for sale embalming fluid to another person with actual
knowledge that such person is not a licensed funeral director,
undertaker or embalmer, or registered student and that such person
would be using the embalming fluid for purposes outside the scope of
funeral directing or embalming activities.

JUSTIFICATION:
Last year in Syracuse, a couple was severely injured when they were
struck head-on by an impaired driver. Before getting in the car and
running down the couple, the driver had smoked a cigarette dipped in
embalming fluid laced with phencyclidine (PCP), a strong hallucinogen.
One of the victims of the crash spent weeks in a coma and almost lost
a limb. The other victim suffered nearly serious injuries. This tragic
story exemplifies a rapidly growing problem: the recreational use of
embalming fluid, specifically when mixed with illegal narcotics.

Embalming fluid, a chemical compound containing formaldehyde,
methanol, ethanol and other solvents, is a highly-flammable poison,
its purpose is to preserve the dead by making the body an unsuitable
host for bacteria and other organisms. Though embalming fluid is a
legal substance when mixed with drugs, it can produce a hallucinogenic
and often violent reaction. Since it is a legal substance, the fluid
is available online. Marijuana laced with the fluid is often sold on
the streets, and fluid sold by itself on the streets is almost always
laced with other hallucinogenic drugs.

Health-care officials have noted an increase in cases of drugs being
mixed with embalming fluid. In fact, Syracuse area hospitals are
preparing to handle twice the number of embalming fluid cases compared
to last year.


This bill aims to prevent such cases and other tragedies by creating a
new penalty for illegal possession of embalming fluid, as well as
adding a new penalty within the public health law regulating the
funeral directing and embalming professions.

PRIOR LEGISLATIVE HISTORY:
S.7542B of 2009-2010 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall become law.

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

                                   657

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and public  health  law,  in  relation  to
  criminal possession and unlawful sale of embalming fluid

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

  Section 1. The penal law is amended by adding a new section 220.78  to
read as follows:
S 220.78 CRIMINAL POSSESSION OF EMBALMING FLUID.
  1.  A  PERSON IS GUILTY OF CRIMINAL POSSESSION OF EMBALMING FLUID WHEN
HE OR SHE KNOWINGLY POSSESSES EMBALMING FLUID WITH THE  INTENT:  (A)  TO
USE  SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN INGESTION OR INHALATION;
OR (B) TO SELL SUCH EMBALMING FLUID  TO  ANOTHER  PERSON  UNDER  CIRCUM-
STANCES  EVINCING  KNOWLEDGE  THAT  SUCH  OTHER PERSON OR A THIRD PERSON
INTENDS TO USE SUCH EMBALMING FLUID FOR PURPOSES OF HUMAN  INGESTION  OR
INHALATION.
  2. FOR PURPOSES OF THIS SECTION, "EMBALMING FLUID" MEANS ANY CHEMICALS
OR  SUBSTANCES MANUFACTURED PRIMARILY FOR USE BY LICENSED FUNERAL DIREC-
TORS, UNDERTAKERS OR EMBALMERS, OR  REGISTERED  RESIDENTS,  TO  PREPARE,
DISINFECT OR PRESERVE, EITHER HYPODERMICALLY, ARTERIALLY OR BY ANY OTHER
RECOGNIZED  MEANS THE BODY OF A DECEASED PERSON FOR BURIAL, CREMATION OR
OTHER FINAL DISPOSITION.
  CRIMINAL POSSESSION OF EMBALMING FLUID IS A CLASS A MISDEMEANOR.
  S 2. Section 3400 of the public health law is amended by adding a  new
subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-01-1

S. 657                              2

  S 3. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F)  BEING  A  FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER, OR REGISTERED
RESIDENT, KNOWINGLY GIVE, SELL, PERMIT TO BE SOLD,  OFFER  FOR  SALE  OR
DISPLAY  FOR  SALE,  OTHER THAN FOR PURPOSES WITHIN THE GENERAL SCOPE OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR REGISTERED RESIDENT, EMBALMING FLUID TO ANOTHER  PERSON  WITH  ACTUAL
KNOWLEDGE  THAT  SUCH  OTHER  PERSON IS NOT A LICENSED FUNERAL DIRECTOR,
UNDERTAKER OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED  TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS  ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS CHAP-
TER; OR
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S657A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3964A
Law Section:
Public Health Law
Laws Affected:
Amd §§3400 & 3455, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7542B, A11509

S657A (ACTIVE) - Bill Texts

view summary

Makes possession and sale of embalming fluid a misdemeanor.

view sponsor memo
BILL NUMBER:S657A

TITLE OF BILL: An act to amend the public health law, in relation to
criminal possession and unlawful sale of embalming fluid

PURPOSE OR GENERAL IDEA OF BILL: To prevent the recreational and danger-
ous ingestion or inhalation of embalming fluid in combination with other
illegal drugs.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Public Health Law
by adding a definition of embalming fluid.

Section 2 amends the public health law by adding a new violation to the
section of law dealing with the enforcement and discipline for funeral
directors, undertakers, and embalmers. This new violation would penal-
ize any funeral director, undertaker, or embalmer who sells or offers
for sale embalming fluid to another person with actual knowledge that
such person is not a licensed funeral director, undertaker, or embalmer,
or registered student, and that such person would be using the embalming
fluid for purposes outside the scope of funeral directing or embalming
activities.

Section 3 establishes an effective date.

JUSTIFICATION: Last year in Syracuse, a couple was severely injured when
they were struck head-on by an impaired driver. Before getting in the
car and running down the couple, the driver had smoked a cigarette
dipped in embalming fluid laced with phencyclidine (PCP), a strong
hallucinogen. One of the victims of the crash spent weeks in a coma and
almost lost a limb. The other victim suffered nearly serious injuries.
This tragic story exemplified a rapidly growing problem: the recreation
use of embalming fluid, specifically when mixed with illegal narcotics.

Embalming fluid, a chemical compound containing formaldehyde, methanol,
ethanol, and other solvents, is a highly flammable poison, its purpose
is to preserve the dead by making the body an unsuitable host for bacte-
ria and other organisms. Although embalming fluid is a legal substance,
when mixed with drugs it can produce a hallucinogenic and often violent
reaction, Since it is a legal substance, the fluid is available online.
The most common usage is to use the fluid in combination with Phencycli-
dine (PCP) to allow the PCP to be laced with Marijuana, tobacco and
other drugs. The embalming fluid acts as a solvent for the PCP.

Healthcare officials have noted an increase in the case of drugs being
mixed with embalming fluid. In fact, Syracuse-area hospitals are prepar-
ing to handle twice the number of embalming fluid (PCP) cases compared
to last year. This bill aims to prevent such cases and other tragedies
by adding a new penalty within the public health law regulating the
funeral directing and embalming professions. Funeral directors and
embalmers who illegally sell embalming fluid to unauthorized possessors
face stiff penalties including the possible loss of their license.

PRIOR LEGISLATIVE HISTORY: 2009-2010: S.7542-B / A.11509

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the 180th day after this bill shall become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 657--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  public  health  law,  in  relation  to criminal
  possession and unlawful sale of embalming fluid

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

  Section 1.  Section 3400 of the public health law is amended by adding
a new subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
  S 2. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F) BEING A FUNERAL DIRECTOR, UNDERTAKER OR  EMBALMER,  OR  REGISTERED
RESIDENT,  KNOWINGLY  GIVE,  SELL,  PERMIT TO BE SOLD, OFFER FOR SALE OR
DISPLAY FOR SALE, OTHER THAN FOR PURPOSES WITHIN THE  GENERAL  SCOPE  OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR  REGISTERED  RESIDENT,  EMBALMING FLUID TO ANOTHER PERSON WITH ACTUAL
KNOWLEDGE THAT SUCH OTHER PERSON IS NOT  A  LICENSED  FUNERAL  DIRECTOR,
UNDERTAKER  OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS  CHAP-
TER; OR
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-05-1

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