senate Bill S7657

2013-2014 Legislative Session

Establishes the crime of homicide by sale of an opiate controlled substance

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1146
committee discharged and committed to rules
May 23, 2014 referred to codes

Co-Sponsors

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S7657 - Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §125.24, Pen L

S7657 - Summary

Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.

S7657 - Sponsor Memo

S7657 - Bill Text download pdf

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

                                  7657

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced by Sens. ROBACH, BALL, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIF-
  FO,  HANNON,  LANZA,  LARKIN,  LITTLE, MARCELLINO, MARCHIONE, MARTINS,
  MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, SAVINO, SEWARD, VALE-
  SKY, YOUNG -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Codes

AN  ACT  to  amend  the penal law, in relation to homicide by sale of an
  opiate controlled substance

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

  Section  1. Section 220.00 of the penal law is amended by adding a new
subdivision 21 to read as follows:
  21. "OPIATE CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHED-
ULE I, II, III, IV OR V OF  SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE
PUBLIC HEALTH LAW THAT IS CLASSIFIED AS EITHER AN OPIATE OR OPIUM DERIV-
ATIVE UNDER SUCH LAW.
  S  2.  The penal law is amended by adding a new section 125.24 to read
as follows:
S 125.24 HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE.
  A PERSON IS GUILTY  OF  HOMICIDE  BY  SALE  OF  AN  OPIATE  CONTROLLED
SUBSTANCE  WHEN ONE UNLAWFULLY TRANSPORTS BY IMPORTING INTO THE STATE OR
TRANSPORTING WITHIN THE STATE FROM ONE COUNTY INTO  ANOTHER,  OR  UNLAW-
FULLY  SELLS  AS  DEFINED  BY  SUBDIVISION ONE OF SECTION 220.00 OF THIS
CHAPTER, AN OPIATE CONTROLLED SUBSTANCE AS DEFINED BY SUBDIVISION  TWEN-
TY-ONE  OF  SECTION  220.00  OF THIS CHAPTER, AND SUCH OPIATE CONTROLLED
SUBSTANCE CAUSES THE DEATH OF ANOTHER.
  IT SHALL BE A DEFENSE TO HOMICIDE BY  SALE  OF  AN  OPIATE  CONTROLLED
SUBSTANCE  THAT  THE  DEFENDANT  JOINTLY AND SIMULTANEOUSLY ACQUIRED AND
POSSESSED SUCH OPIATE  CONTROLLED  SUBSTANCE  FOR  JOINT  USE  WITH  THE
DECEASED,  WITH THE INTENT TO JOINTLY INJECT, INHALE OR OTHERWISE INGEST
SUCH OPIATE CONTROLLED SUBSTANCE.
  HOMICIDE BY SALE OF AN OPIATE CONTROLLED  SUBSTANCE  IS  A  CLASS  A-I
FELONY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

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