senate Bill S7659

2013-2014 Legislative Session

Relates to the transport of an opiate controlled substance

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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

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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.1148
committee discharged and committed to rules
May 23, 2014 referred to codes

Votes

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Co-Sponsors

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S7659 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §220.00, add §§220.80 & 220.85, Pen L

S7659 - Bill Texts

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Relates to the transport of an opiate controlled substance.

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BILL NUMBER:S7659

TITLE OF BILL: An act to amend the penal law, in relation to the
transport of an opiate controlled substance

PURPOSE: This bill would further criminalize the illegal transport of
an opiate controlled substance when it is transported any distance
greater than five miles within the state, or from one county to
another county within the state.

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 220.80, to create
the new crime of transport of an opiate controlled substance in the
second degree, a class E felony, that is committed when one unlawfully
transports an opiate controlled substance any distance greater than
five miles within the state, or from one county to another within the
state, when the opiate controlled substance is for the defendant's own
personal use.

This section also amends the penal law to add new section 220.85, to
create the new crime of transport of an opiate controlled substance in
the first degree, a class B felony, that is committed when one
unlawfully transports an opiate controlled substance any distance
greater than five miles within the state, or from one county to
another within the state. This section also creates a defense to the
crime in the first degree, if the defendant transported the opiate
controlled substance exclusively for the defendant's own personal use.
The defense does not constitute a defense to the crime transport of an
opiate controlled substance in the in the second degree, nor any other
crime.

Section 3 states that this act shall become establishes the effective
date as the ninetieth day after it becomes law.

JUSTIFICATION: This bill criminalizes the mere movement of opiate
controlled substances within the state, regardless of weight.
Downstate, heroin sells for as little as $6-$10 a bag, where in
upstate communities, that same bag will sell for as much as $30-$50 a
bag. The lure of higher profits incentivizes many dealers to travel
far distances to sell heroin. In rural areas, dealers may travel 3
hours in one direction in order to sell heroin at higher prices. The
prevalence of opioid drugs has risen significantly in all areas of New
York State. Rural and suburban areas are especially concerned about
the increase of heroin trafficking into their communities.

Under current law, both sale and possession are criminal offenses. By
criminalizing the unlawful transport of these dangerous and addictive
substances, law enforcement will have an additional tool to prosecute
dealers, especially those who travel far distances to increase their
profits.


This bill differentiates individuals who are traveling with opiate
controlled substances for users and dealers by providing a defense for
those traveling for personal use. Individuals, organizations and
companies with authorized possession of an opiate controlled substance
by prescription, license or other means within the authority of the
law are exempt.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it becomes
law.

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

                                  7659

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  BOYLE,  BALL,  BONACIC, FELDER, GALLIVAN, GOLDEN,
  GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
  MAZIARZ,  NOZZOLIO,  O'MARA,  RANZENHOFER,  RITCHIE,  ROBACH,  SAVINO,
  SEWARD,  VALESKY,  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 the transport 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 two new sections 220.80 and
220.85 to read as follows:
S 220.80 TRANSPORT OF AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  SECOND
           DEGREE.
  A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
THE SECOND DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
STATE, FOR HIS OR HER OWN PERSONAL USE.
  TRANSPORT  OF AN OPIATE CONTROLLED SUBSTANCE IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 220.85 TRANSPORT OF  AN  OPIATE  CONTROLLED  SUBSTANCE  IN  THE  FIRST
           DEGREE.
  A  PERSON  IS GUILTY OF TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN
THE FIRST  DEGREE  WHEN  HE  OR  SHE  UNLAWFULLY  TRANSPORTS  AN  OPIATE
CONTROLLED  SUBSTANCE  ANY  DISTANCE  GREATER THAN FIVE MILES WITHIN THE
STATE OR FROM ONE COUNTY WITHIN THE STATE TO ANOTHER COUNTY  WITHIN  THE
STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD15346-01-4

S. 7659                             2

  IT  SHALL  BE  A  DEFENSE  TO  THE  CRIME  OF  TRANSPORT  OF AN OPIATE
CONTROLLED SUBSTANCE IN THE FIRST  DEGREE  THAT  THE  OPIATE  CONTROLLED
SUBSTANCE  TRANSPORTED  WAS EXCLUSIVELY FOR THE DEFENDANT'S OWN PERSONAL
USE. NOTHING CONTAINED IN THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A
PROSECUTION  FOR,  OR  PRECLUDE  A CONVICTION OF, TRANSPORT OF AN OPIATE
CONTROLLED SUBSTANCE IN THE SECOND DEGREE OR ANY OTHER CRIME.
  TRANSPORT OF AN OPIATE CONTROLLED SUBSTANCE IN THE FIRST DEGREE  IS  A
CLASS B FELONY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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