|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 09, 2014||referred to codes|
delivered to assembly
|Jun 03, 2014||ordered to third reading cal.1146|
committee discharged and committed to rules
|May 23, 2014||referred to codes|
senate Bill S7657
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7657 - Details
- Law Section:
- Penal Law
- Laws Affected:
- Amd §220.00, add §125.24, Pen L
S7657 - Sponsor Memo
BILL NUMBER:S7657 TITLE OF BILL: An act to amend the penal law, in relation to homicide by sale of an opiate controlled substance PURPOSE: This bill would criminalize the sale of an opiate controlled substance when the unlawful transport or unlawful sale of an opiate controlled substance causes the death of another. SUMMARY OF PROVISIONS: Section 1 amends section 220.00 of the penal law by adding new paragraph 21 that defines the term "opiate controlled substance" as a controlled substance that is further classified under Public Health Law as an opiate or opium derivative. Section 2 amends the penal law to add new section 125.24, to create the new crime of homicide by sale of an opiate controlled substance, a class A-I felony, that is committed when one unlawfully imports into the state or transports from one county to another within the state, an opiate controlled substance and such causes the death of another. This section also creates a defense to the crime when the defendant jointly and simultaneously acquired and possessed such opiate controlled substance for joint use with the deceased, with intent to jointly inject, inhale or otherwise ingest.
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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