senate Bill S988A

2013-2014 Legislative Session

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

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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
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
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

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Feb 4, 2014 - Codes committee Vote

S988A
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 12, 2013 - Codes committee Vote

S988
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)

Co-Sponsors

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S988 - Bill 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 Previous Legislative Sessions:
2011-2012: S3210B, A3032A
2009-2010: S2316A, A6494A

S988 - Bill Texts

view summary

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

view 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.

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                    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) - Bill 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 Previous Legislative Sessions:
2011-2012: S3210B, A3032A
2009-2010: S2316A, A6494A

S988A (ACTIVE) - Bill Texts

view summary

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

view 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.

view full 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.

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