NY State Senate Bill S988A

Archive: Last Bill Status - Passed Senate

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2014	referred to codes delivered to assembly passed senate
Feb 11, 2014	advanced to third reading
Feb 10, 2014	2nd report cal.
Feb 04, 2014	1st report cal.130
Jan 23, 2014	print number 988a
Jan 23, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes returned to senate died in assembly
Mar 20, 2013	referred to codes delivered to assembly passed senate
Mar 14, 2013	advanced to third reading
Mar 13, 2013	2nd report cal.
Mar 12, 2013	1st report cal.188
Jan 09, 2013	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S988 - Details

See Assembly Version of this Bill:: A10067
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.48, add §220.49, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2316, A6494
2011-2012: S3210, A3032
2015-2016: S208, A4529, A10084
2017-2018: S3845, A3981
2019-2020: S3155, A2453
2021-2022: S2079, A6502
2023-2024: S6019, A6709

S988 - Summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

S988 - Sponsor Memo

BILL NUMBER:S988

TITLE OF BILL:
An act
to amend the penal law, in relation to the criminal
sale of a controlled substance
to a person less than fourteen years of age

PURPOSE OF BILL:
To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:
Adds §220.49 of the Penal Law which creates the crime of criminal sale
of a controlled substance to a child in the first degree, making the
sale of a controlled substance by an adult to a minor under the age
of 14 a class A-II felony. Also Amends the title of §220.48 of the
Penal Law, reflecting the lesser included offense of criminal sale of
controlled substance to a child in the second degree.

JUSTIFICATION:
There has been a recent increase in drug use, especially opiate based
substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting

prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone
who would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.
Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance
to law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:
S.3210B (2012) - Passed Senate
A6494

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on September 1, 2013.

S988 - Bill Text download pdf

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

                                   988

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MARTINS, GALLIVAN, LARKIN, MAZIARZ -- 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  criminal  sale  of  a
  controlled substance to a person less than fourteen years of age

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

  Section 1. Section 220.48 of the penal law, as added by section 28  of
part  AAA  of  chapter  56  of  the  laws of 2009, is amended to read as
follows:
S 220.48 Criminal sale of a controlled  substance  to  a  child  IN  THE
           SECOND DEGREE.
  A  person  is  guilty  of criminal sale of a controlled substance to a
child IN THE SECOND DEGREE when, being over twenty-one years old, he  or
she  knowingly  and unlawfully sells a controlled substance in violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal sale of a controlled substance  to  a  child  IN  THE  SECOND
DEGREE is a class B felony.
  S  2.  The penal law is amended by adding a new section 220.49 to read
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY  AND  UNLAWFULLY  SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF
SECTION 220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN  FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  S 3. This act shall take effect September 1, 2013.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05045-01-3

Co-Sponsors

view additional co-sponsors

S988A (ACTIVE) - Details

See Assembly Version of this Bill:: A10067
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.48, add §220.49, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2316, A6494
2011-2012: S3210, A3032
2015-2016: S208, A4529, A10084
2017-2018: S3845, A3981
2019-2020: S3155, A2453
2021-2022: S2079, A6502
2023-2024: S6019, A6709

S988A (ACTIVE) - Summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

S988A (ACTIVE) - Sponsor Memo

BILL NUMBER:S988A

TITLE OF BILL:  An act to amend the penal law, in relation to the
criminal sale of a controlled substance to a person less than fourteen
years of age

PURPOSE OF BILL:

To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

SUMMARY OF SPECIFIC PROVISIONS:

Adds § 220.49 of the Penal. Law which creates the crime of criminal
sale of a controlled substance to a child in the first degree, making
the sale of a controlled substance by an adult to a minor under the
age of 14 a class A-II felony. Also Amends the title of § 220.42 of
the Penal Law, reflecting the lesser included offense of criminal sale
of controlled substance to a child in the second degree.

JUSTIFICATION:

There has been a recent increase in drug use, especially opiate based
substances, by young adults and teenagers.  There has also been an
increase in overdose cases and overdose deaths. Many of these

youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers Internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone who
would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.

Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance to
law enforcement in the crucially important element of enforcement.

LEGISLATIVE HISTORY:

S.988 (2013) - Passed Senate
S.3210B(2012) - Passed Senate
A.6494 (2010)


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S988A (ACTIVE) - Bill Text download pdf

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

                                 988--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MARTINS, AVELLA, GALLIVAN, GOLDEN, LANZA, LARKIN,
  MAZIARZ, O'BRIEN, YOUNG, ZELDIN -- 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 penal law, in relation to the criminal sale of a
  controlled substance to a person less than fourteen years of age

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

  Section  1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws  of  2009,  is  amended  to  read  as
follows:
S 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
           SECOND DEGREE.
  A person is guilty of criminal sale of a  controlled  substance  to  a
child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance  in  violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
DEGREE is a class B felony.
  S 2. The penal law is amended by adding a new section 220.49  to  read
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE  IN  VIOLATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05045-02-4

S. 988--A                           2

SECTION  220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S988A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2014 - floor Vote

Floor Vote: Mar 5, 2014

Feb 4, 2014 - Codes committee Vote

Codes Committee Vote: Feb 4, 2014

Mar 20, 2013 - floor Vote

Floor Vote: Mar 20, 2013

Mar 12, 2013 - Codes committee Vote

Committee Vote: Mar 12, 2013

Bill Amendments

Co-Sponsors

S988 - Details

S988 - Summary

S988 - Sponsor Memo

S988 - Bill Text download pdf

Co-Sponsors

S988A (ACTIVE) - Details

S988A (ACTIVE) - Summary

S988A (ACTIVE) - Sponsor Memo

S988A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S988A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2014 - floor Vote

Floor Vote: Mar 5, 2014

Feb 4, 2014 - Codes committee Vote

Codes Committee Vote: Feb 4, 2014

Mar 20, 2013 - floor Vote

Floor Vote: Mar 20, 2013

Mar 12, 2013 - Codes committee Vote

Committee Vote: Mar 12, 2013

Bill Amendments

Co-Sponsors

S988 - Details

S988 - Summary

S988 - Sponsor Memo

S988 - Bill Text download pdf

Co-Sponsors

S988A (ACTIVE) - Details

S988A (ACTIVE) - Summary

S988A (ACTIVE) - Sponsor Memo

S988A (ACTIVE) - Bill Text download pdf

Comments