NY State Senate Bill 2015-S7512

Senate Bill S7512

2015-2016 Legislative Session

Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2016	referred to codes

2015-S7512 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4313
2019-2020: S6818
2021-2022: S1017
2023-2024: S4058

2015-S7512 (ACTIVE) - Summary

Establishes certain offenses based on homicide due to criminal sale of a controlled substance, establishes the offense of criminal sale of a controlled substance to a child in the first degree, expands the definition of controlled substances with respect to certain offenses, increases the felony classification of certain controlled substance offenses and includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.

2015-S7512 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7512

 TITLE OF BILL :  An act to amend the penal law, in relation to
establishing certain offenses based on homicide due to criminal sale
of a controlled substance, establishing the offense of criminal sale
of a controlled substance to a child in the first degree, expanding
the definition of controlled substances with respect to certain
offenses, increasing the felony classification of certain controlled
substance offenses and including electronic prescriptions and blank
prescription forms in the definition of certain controlled substance
offenses

 PURPOSE :

Establishes certain offenses based on homicide due to criminal sale of
a controlled substance and to the criminal sale of a controlled
substance to a child in the first degree.

 SUMMARY OF PROVISIONS :

Section 1. The penal law is amended by adding three new sections
125.28, 125.29 and 125.30.

Section 2. Subdivision 13 of section 220.16 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 3. Subdivision 7 of section 220.18 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 8 is added.

Section 4. Subdivision 2 of section 220.21 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 3 is added.

Section 5. Subdivision 7 of section 220.41 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 8 is added.

Section 6. Subdivision 2 of section 220.43 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 3 is added.

Section 7. 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.

Section 8. The penal law is amended by adding a new section 220.49.

Section 9. The closing paragraph of section 220.50 of the penal law,
as amended by chapter 627 of the laws of 1990, is amended.

Section 10. Section 220.55 of the penal law, as added by chapter 970
of the laws of 1971, is amended.

Section 11. Subdivision 15 of section 220.00 of the penal law, as
added by chapter 118 of the laws of 1986, is amended.

Section 12. Section 220.65 of the penal law, as amended by chapter 31
of the laws of 2014, is amended.

Section 13. This act shall take effect on the first of November next
succeeding the date upon which it shall have become a law.

 JUSTIFICATION :


In 2014, Governor Cuomo launched the "Combat Heroin Campaign," which
aims to reduce the number of lives lost to substance abuse overdoses.
New York State is in the middle of an unprecedented heroin epidemic.
With record numbers of illegal drug sales each year, this issue
reaches past just heroin. There have been far too many deaths from
prescription pills and heroin, notably amongst youth in our state. We
must hold those who sell illegal substances accountable for the
consequences of their actions, especially when it leads to the death
of another individual. This includes stronger penalties and broader
ability to prosecute felony charges when illegal substances are
involved.

In 1972, precedent was established on this issue. In The People of the
State of New York v. Pinckney, a defendant was found not guilty of
homicide and also of manslaughter, despite selling heroin, and the
instruments to inject heroin, to the individual who died the same day
from a heroin overdose. The County Court held, "the Penal Law does not
contain any provision whereby the sale of a dangerous drug and the
means of injecting it, thereby resulting in the death of the user,
constitute the crime of manslaughter or criminally negligent
homicide."

This bill will reverse the outdated precedent and hold sellers
responsible for the deaths they caused by their distribution of
illegal drugs. It will allow for the prosecution of drug dealers whose
sale leads to the death of an individual to be charged with criminally
negligent homicide and/or manslaughter. It will also strengthen the
penalty for the sale of illegal substances to minors, especially in
the case of death.

Another important provision is to amend the weight requirements for
heroin in order to be charged with criminal possession or sale. The
average dose of heroin is just 0.03 grams, which means that even an
extremely small amount can be deadly. This bill will decrease the
weight requirements so that individuals who carry and distribute
small, but lethal, amounts of heroin can be charged with a crime.

Finally, it will include the abuse of electronic prescriptions and
blank prescription forms as punishable offenses. Currently, neither
the sale of an electronic prescription, nor the sale of a blank
prescription from a medical provider is included in the criminal sale
of prescriptions statue. The addition of these provisions will further
limit the ability for abuse from providers and patients in purchasing
prescription drugs.

The scourge of illegal drug sales and usage is a complex and
widespread problem in our communities. In addition to expanding
prevention and treatment services, the penalty for selling drugs that
lead to death, especially the deaths of minors, must be strong enough
to reflect the severity of the crime. Statues must also reflect and
criminalize the full range of mechanisms through which drug dealers
can acquire and sell illegal substances. This bill will further these
goals and is an important step forward in solving the epidemic of
substance abuse in our state.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

2015-S7512 (ACTIVE) - Bill Text download pdf

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

                                  7512

                            I N  S E N A T E

                               May 6, 2016
                               ___________

Introduced  by  Sen. MARTINS -- 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  establishing  certain
  offenses  based  on  homicide  due  to  criminal  sale of a controlled
  substance, establishing the offense of criminal sale of  a  controlled
  substance  to a child in the first degree, expanding the definition of
  controlled substances with respect to certain offenses, increasing the
  felony classification of certain  controlled  substance  offenses  and
  including electronic prescriptions and blank prescription forms in the
  definition of certain controlled substance offenses

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

  Section 1. The penal law is  amended  by  adding  three  new  sections
125.28, 125.29 and 125.30 to read as follows:
S 125.28 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
           THIRD DEGREE.
  A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE:
  1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
220.43 OF THIS CHAPTER; AND
  (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES TO, THE DEATH
OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
  2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13117-03-5

S. 7512                             2

CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
HOURS OF THE SALE.
  3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
  4.  WHERE  A  PERSON (HEREINAFTER "SELLER") VIOLATES THE PROVISIONS OF
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION BUT THE SELLER, IN GOOD
FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM
THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER  PERSON
WAS  EXPERIENCING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING
MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL  NOT
BE CHARGED OR PROSECUTED UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWEN-
TY  OF  THIS  CHAPTER  WHEN  THE SALE WAS NOT FOR CONSIDERATION OR OTHER
BENEFIT OR GAIN.
  5. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF  THIS  SECTION
OR  A  VIOLATION  OF  ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER WHERE A
SELLER VIOLATES PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND THE
SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,  IN
GOOD FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED
FROM  THE  INGESTION  OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER
PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREAT-
ENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, AND THE DEFEND-
ANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR  ATTEMPTED  COMMISSION
OF  A  CLASS  A-I,  A-II OR B FELONY UNDER ARTICLE TWO HUNDRED TWENTY OF
THIS CHAPTER.
  HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  THIRD
DEGREE IS A CLASS D FELONY.
S 125.29 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE:
  1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
220.43 OF THIS CHAPTER; AND
  (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD; AND
  (C)  (I) AN ADDITIONAL SUBSTANCE WAS ADDED TO THE CONTROLLED SUBSTANCE
SOLD WHICH ENHANCES THE  EFFECTS  OF  THE  CONTROLLED  SUBSTANCE  AND/OR
INCREASES THE DANGER OF INGESTION; OR
  (II) THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD WAS IMPAIRED
BY ONE OR MORE SUBSTANCES AT THE TIME OF THE SALE; OR
  (III)  THE PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
THE CONTROLLED SUBSTANCE WAS SOLD WAS USING, OR INTENDED TO USE, ONE  OR
MORE OTHER SUBSTANCES IN CONJUNCTION WITH THE CONTROLLED SUBSTANCE SOLD;
OR
  (IV)  THE  PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
THE  CONTROLLED  SUBSTANCE  WAS  SOLD  HAD  COMPLETED  A  REHABILITATION
PROGRAM, OR OVERDOSED, WITHIN THIRTY DAYS OF THE SALE.

S. 7512                             3

  2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE
CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
HOURS OF THE SALE.
  3. THE PROVISIONS OF ARTICLE  TWO  HUNDRED  SIXTEEN  OF  THE  CRIMINAL
PROCEDURE  LAW  SHALL  NOT APPLY TO A VIOLATION OF THIS SECTION. NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT  THE  COURT  FROM  SENTENCING  A
PERSON  CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED BY
LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
  4. WHERE A PERSON (HEREINAFTER "SELLER") VIOLATES  THE  PROVISIONS  OF
SUBDIVISION  ONE  OF  THIS SECTION BUT THE SELLER, IN GOOD FAITH, SOUGHT
HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM THE INGESTION
OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER PERSON WAS EXPERIENC-
ING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL EMER-
GENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL NOT  BE  CHARGED
OR  PROSECUTED  UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWENTY OF THIS
CHAPTER WHEN THE SALE WAS NOT FOR  CONSIDERATION  OR  OTHER  BENEFIT  OR
GAIN.
  5.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
SELLER  VIOLATES  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND
THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,
IN GOOD FAITH, SOUGHT HEALTH CARE  FOR  THE  OTHER  PERSON  WHOSE  DEATH
RESULTED FROM THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT
OTHER  PERSON  WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE
THREATENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH,  AND  THE
DEFENDANT  HAS  NO  PRIOR  CONVICTION  FOR  THE  COMMISSION OR ATTEMPTED
COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER  ARTICLE  TWO  HUNDRED
TWENTY OF THIS CHAPTER.
  HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
DEGREE IS A CLASS C FELONY.
S 125.30 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
           FIRST DEGREE.
  A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE:
  1. COMMITS THE OFFENSE OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 220.49 OF  THIS  CHAPTER
AND  THE  CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
  2. IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED  SUBSTANCE
SOLD  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION CAUSED OR CONTRIBUTED
TO THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE  SOLD,
ALONE  OR  IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO BE THE
CAUSE OF DEATH OF THE PERSON WHEN THE DEATH  OCCURS  WITHIN  TWENTY-FOUR
HOURS OF THE SALE.
  3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
  4.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
PERSON  (HEREINAFTER  "SELLER") VIOLATES SUBDIVISION ONE OF THIS SECTION
AND THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT  OR  GAIN,  BUT  THE

S. 7512                             4

SELLER,  IN  GOOD  FAITH,  SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE
DEATH RESULTED FROM THE INGESTION  OF  THE  CONTROLLED  SUBSTANCE  SOLD,
WHILE  THAT  OTHER PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR
OTHER  LIFE  THREATENING  MEDICAL  EMERGENCY  THAT  LED TO THAT PERSON'S
DEATH, AND THE DEFENDANT HAS NO PRIOR CONVICTION FOR THE  COMMISSION  OR
ATTEMPTED  COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER ARTICLE TWO
HUNDRED TWENTY OF THIS CHAPTER.
  HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  FIRST
DEGREE IS A CLASS B FELONY.
  S  2. Subdivision 13 of section 220.16 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new subdivision  14  is
added to read as follows:
  13.    phencyclidine  and  said  phencyclidine weighs one thousand two
hundred fifty milligrams or more[.]; OR
  14. ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF 1.5  GRAMS  OR  MORE,  OR  SUCH
PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
MORE CONTAINERS, PACKETS OR "DECKS".
  S  3.  Subdivision 7 of section 220.18 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
added to read as follows:
  7.  methadone  and  said  methadone  weighs two thousand eight hundred
eighty milligrams or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE,  OR  SUCH
PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES ARE PACKAGED IN FOUR
HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
  S 4. Subdivision 2 of section 220.21 of the penal law, as  amended  by
chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
added to read as follows:
  2. methadone and said methadone weighs  five  thousand  seven  hundred
sixty milligrams or more[.]; OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWENTY-FOUR GRAMS OR MORE, OR
SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR  SUBSTANCES  ARE  PACKAGED  IN
EIGHT HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
  S  5.  Subdivision 7 of section 220.41 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  8  is
added to read as follows:
  7.   methadone and the methadone weighs three hundred sixty milligrams
or more[.]; OR
  8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING   HEROIN   AND   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF 1.5  GRAMS  OR  MORE,  OR  SUCH
PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
MORE CONTAINERS, PACKETS OR "DECKS".
  S  6.  Subdivision 2 of section 220.43 of the penal law, as amended by
chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
added to read as follows:
  2.    methadone  and  the  methadone weighs two thousand eight hundred
eighty milligrams or more[.]; OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING   HEROIN   AND   THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR

S. 7512                             5

SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF SIX  GRAMS  OR  MORE,  OR  SUCH
PREPARATIONS, MIXTURES OR SUBSTANCES ARE PACKAGED IN TWO HUNDRED OR MORE
CONTAINERS, PACKETS OR "DECKS".
  S  7.  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 WITHOUT CONSIDERATION OR OTHER BENE-
FIT OR GAIN a controlled substance in violation  of  section  220.34  or
220.39 of this article to a person less than seventeen years old.
  Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
DEGREE is a class B felony.
  S 8. 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 TWENTY-ONE YEARS OLD,  HE  OR
SHE  KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE FOR CONSIDER-
ATION OR OTHER BENEFIT OR GAIN IN VIOLATION OF SECTION 220.34 OR  220.39
OF THIS ARTICLE TO A PERSON LESS THAN SEVENTEEN YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  S  9.  The  closing  paragraph  of section 220.50 of the penal law, as
amended by chapter 627 of the laws  of  1990,  is  amended  to  read  as
follows:
  Criminally using drug paraphernalia in the second degree is a class [A
misdemeanor] E FELONY.
  S  10. Section 220.55 of the penal law, as added by chapter 970 of the
laws of 1971, is amended to read as follows:
S 220.55 Criminally using drug paraphernalia in the first degree.
  A person is guilty of criminally using drug paraphernalia in the first
degree when he commits the crime of criminally using drug  paraphernalia
in  the second degree and he has previously been convicted of criminally
using drug paraphernalia in the second degree.
  Criminally using drug paraphernalia in the first degree is a class [D]
C felony.
  S 11. Subdivision 15 of section 220.00 of the penal law, as  added  by
chapter 118 of the laws of 1986, is amended to read as follows:
  15.  "Prescription  for  a  controlled substance" means a direction or
authorization, by means of an official New York state prescription form,
AN ELECTRONIC PRESCRIPTION, a  written  prescription  form  or  an  oral
prescription, which will permit a person to lawfully obtain a controlled
substance from any person authorized to dispense controlled substances.
  S 12. Section 220.65 of the penal law, as amended by chapter 31 of the
laws of 2014, is amended to read as follows:
S 220.65 Criminal  sale  of a prescription for a controlled substance, A
           BLANK PRESCRIPTION FORM or of a  controlled  substance  by  a
           practitioner or pharmacist.
  A person is guilty of criminal sale of a prescription for a controlled
substance  or  of a controlled substance by a practitioner or pharmacist
when: 1. being a practitioner, as that term is defined in section  thir-
ty-three  hundred  two of the public health law, he or she knowingly and
unlawfully sells a prescription for a controlled substance  OR  A  BLANK

S. 7512                             6

PRESCRIPTION  FORM.  For  the purposes of this section, a person sells a
prescription for a controlled substance unlawfully when he or  she  does
so  other  than  in  good faith in the course of his or her professional
practice; or
  2.  being  a practitioner or pharmacist, as those terms are defined in
section thirty-three hundred two of the public health law,  he  or  she,
acting  other  than  in  good  faith, while purporting to act within the
scope of the power, authority and privileges of his or her  license,  as
that  term  is defined in section thirty-three hundred two of the public
health law, knowingly and unlawfully sells a controlled substance  OR  A
BLANK PRESCRIPTION FORM.
  Criminal  sale  of  a  prescription for a controlled substance or of a
controlled substance by a practitioner or pharmacist is a  class  [C]  B
felony.
  S  13.  This  act  shall  take  effect  on  the first of November next
succeeding the date upon which it shall have become a law.

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