NY State Senate Bill 2015-S8190

Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 14, 2016	referred to rules

2015-S8190 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §220.00, Pen L; amd §3302, add §3306-a, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S4527

2015-S8190 (ACTIVE) - Summary

Adds controlled substance analogues to the definition of controlled substances; and relates to adding controlled substance analogues to the definition of controlled substances and to define the term knowingly, with respect to controlled substance offenses.

2015-S8190 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8190

 TITLE OF BILL :  An act to amend the penal law, in relation to adding
controlled substance analogues to the definition of controlled
substances and to define the term knowingly, with respect to
controlled substance offenses; and to amend the public health law, in
relation to adding controlled substance analogues to the definition of
controlled substances

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation essentially codifies the definition of controlled
substance analogue, found under the federal Controlled Substances Act,
within Article 33 of the Public Health law. Furthermore, the term
controlled substance analogue would be added to the Penal law, in
order to provide law enforcement with the tools necessary to stymie
the continued use of these "designer drugs" which have had a
deleterious effect on individuals and communities across New York
State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the definition of "knowingly" in relation to the
possession or sale, or the attempt or conspiracy to possess or sell a
controlled substance analogue, within Article 220 of the Penal law.

Section 2 amends pertinent provisions of the definitional section of
Article 220 of the Penal law - which governs controlled substances
offenses.

Section 3 of the bill amends the Public Health law to incorporate the
definition of controlled substance analogues.

Section 4 establishes a new section under the Public Health law to
require that a controlled substance analogue must be treated as the
controlled substance for which it is an analogue.

Section 5 establishes the effective date.

 JUSTIFICATION :

By definition, a designer drug is a structural or functional analogue
of a controlled substance that has been designed to mimic the
pharmacological effects of the original drug.

These designer drugs have become a scourge on communities all across
the State and have proven hazardous to the public safety. For example,
the consumption of the designer drug, butyryl fentanyl (which is an
analogue of fentanyl - a synthetic opioid analgesic estimated to be
substantially more potent than heroin and about 80 times the potency
of morphine), has caused at least 38 deaths in New York in 2015.

Importantly, designer drugs do not fall within the confines of
existing state law due to the strict identification of drugs listed
under the schedules of controlled substances.

It is incumbent that this legislation be enacted, so as to afford law
enforcement officials with the necessary statutory authority to
prevent the rising number of fatalities associated with the use of
designer drugs such as butyryl fentanyl and others.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
First of November next succeeding the date in which it shall have
become law.

2015-S8190 (ACTIVE) - Bill Text download pdf

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

                                  8190

                            I N  S E N A T E

                           September 14, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to  amend  the  penal  law,  in  relation  to  adding  controlled
  substance  analogues to the definition of controlled substances and to
  define the  term  knowingly,  with  respect  to  controlled  substance
  offenses;  and  to  amend the public health law, in relation to adding
  controlled  substance  analogues  to  the  definition  of   controlled
  substances

  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. "KNOWINGLY" WHEN USED IN CONNECTION WITH  THE  OFFENSES  INVOLVING
THE  POSSESSION OR SALE, OR THE ATTEMPT OR CONSPIRACY TO POSSESS OR SELL
A CONTROLLED SUBSTANCE ANALOGUE, SHALL  NOT  REQUIRE  KNOWLEDGE  BY  THE
DEFENDANT  OF THE CHEMICAL STRUCTURE OF THE SUBSTANCE, BUT RATHER, IT IS
SUFFICIENT IF:
  (A) THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT THE SUBSTANCE  HAS  A
STIMULANT,  DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW; OR
  (B) THE DEFENDANT REPRESENTED OR INTENDED FOR THE SUBSTANCE TO HAVE  A
STIMULANT,  DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS
SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO OR GREATER THAN  THE  STIMULANT,
DEPRESSANT,  OR HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A
CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED
SIX OF THE PUBLIC HEALTH LAW.
  S 2. Subdivisions 5, 7, 8, 9, 10, 11, 12 and 13 of section  220.00  of
the  penal  law,  subdivision 5 as amended by chapter 537 of the laws of
1998, subdivisions 7, 9, 10, 11, 12 and 13 as amended by chapter 664  of
the  laws  of 1985, and subdivision 8 as amended by section 18 of part C
of chapter 447 of the laws of 2012, are amended to read as follows:

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

                                                           LBD16044-02-6

S. 8190                             2

  5. "Controlled substance" means any substance listed  in  schedule  I,
II,  III,  IV  or  V  of  section thirty-three hundred six of the public
health law, AND ANY CONTROLLED SUBSTANCE ANALOGUE  FOR  SUCH  CONTROLLED
SUBSTANCE  AS  DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE
HUNDRED  TWO OF THE PUBLIC HEALTH LAW, other than marihuana, but includ-
ing concentrated cannabis as defined in  paragraph  (a)  of  subdivision
four of section thirty-three hundred two of such law.
  7.  "Narcotic  drug" means any controlled substance listed in schedule
I(b), I(c), II(b) or II(c) other  than  methadone,  AND  ANY  CONTROLLED
SUBSTANCE  ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI-
SION FORTY-FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH
LAW.
  8. "Narcotic preparation" means any  controlled  substance  listed  in
schedule  II(b-1),  III(d)  or  III(e),  AND  ANY  CONTROLLED  SUBSTANCE
ANALOGUE FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION  FORTY-
FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  9.  "Hallucinogen"  means  any controlled substance listed in schedule
I(d) (5), (18), (19), (20), (21) and (22), AND ANY CONTROLLED  SUBSTANCE
ANALOGUE  FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION FORTY-
FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  10. "Hallucinogenic substance" means any controlled  substance  listed
in schedule I(d) other than concentrated cannabis, lysergic acid diethy-
lamide,  or  an  hallucinogen, AND ANY CONTROLLED SUBSTANCE ANALOGUE FOR
SUCH CONTROLLED  SUBSTANCE  AS  DEFINED  IN  SUBDIVISION  FORTY-FOUR  OF
SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  11.  "Stimulant"  means  any  controlled  substance listed in schedule
I(f),II(d), AND ANY CONTROLLED SUBSTANCE ANALOGUE  FOR  SUCH  CONTROLLED
SUBSTANCE  AS  DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE
HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  12. "Dangerous depressant" means any controlled  substance  listed  in
schedule  I(e)(2),  (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40),
AND ANY CONTROLLED SUBSTANCE ANALOGUE FOR SUCH CONTROLLED  SUBSTANCE  AS
DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF
THE PUBLIC HEALTH LAW.
  13.  "Depressant"  means  any  controlled substance listed in schedule
IV(c) except (c)(2), (31), (32),  (40),  AND  ANY  CONTROLLED  SUBSTANCE
ANALOGUE  FOR SUCH CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVISION FORTY-
FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF THE PUBLIC HEALTH LAW.
  S 3. Section 3302 of the public health law is amended by adding a  new
subdivision 44 to read as follows:
  44. "CONTROLLED SUBSTANCE ANALOGUE" MEANS:
  (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (B),  THE  TERM  "CONTROLLED
SUBSTANCE ANALOGUE" MEANS A SUBSTANCE, THE CHEMICAL STRUCTURE  OF  WHICH
IS  SUBSTANTIALLY  SIMILAR  TO  THE  CHEMICAL  STRUCTURE OF A CONTROLLED
SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THE
PUBLIC HEALTH LAW, AND WHICH EITHER:
  (I) HAS A STIMULANT,  DEPRESSANT,  OR  HALLUCINOGENIC  EFFECT  ON  THE
CENTRAL  NERVOUS SYSTEM THAT MIMICS OR IS SIMILAR TO OR GREATER THAN THE
STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE  CENTRAL  NERVOUS
SYSTEM  OF A CONTROLLED SUBSTANCE IN SCHEDULE I OR II OF SECTION THIRTY-
THREE HUNDRED SIX OF THIS TITLE; OR
  (II) WITH RESPECT TO A PARTICULAR PERSON, IS  A  SUBSTANCE  THAT  SUCH
PERSON  REPRESENTS OR INTENDS TO HAVE A STIMULANT, DEPRESSANT, OR HALLU-
CINOGENIC EFFECT ON THE CENTRAL NERVOUS  SYSTEM  THAT  IS  SUBSTANTIALLY
SIMILAR  TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR HALLUCINOGENIC

S. 8190                             3

EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE IN SCHED-
ULE I OR II OF SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE.
  (B) SUCH TERM SHALL NOT INCLUDE:
  (I) A CONTROLLED SUBSTANCE; OR
  (II) ANY SUBSTANCE FOR WHICH THERE IS AN APPROVED NEW DRUG APPLICATION
BY THE FEDERAL FOOD AND DRUG ADMINISTRATION (FDA); OR
  (III)  WITH  RESPECT  TO  A  PARTICULAR  PERSON,  ANY SUBSTANCE, IF AN
EXEMPTION IS IN EFFECT FOR  INVESTIGATIONAL  USE  FOR  THAT  PERSON,  AS
PROVIDED  BY  21 U.S.C. S 355, TO THE EXTENT CONDUCT WITH RESPECT TO THE
SUBSTANCE IS PURSUANT TO SUCH EXEMPTION.
  S 4. The public health law is amended by adding a new  section  3306-a
to read as follows:
  S  3306-A.  CONTROLLED  SUBSTANCE  ANALOGUES.  A  CONTROLLED SUBSTANCE
ANALOGUE, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THIS  TITLE,
SHALL  BE  TREATED  FOR  THE PURPOSES OF ANY NEW YORK LAW, INCLUDING THE
PENAL LAW, AS THE CONTROLLED SUBSTANCE OF WHICH IT IS AN ANALOGUE.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S8190

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2015-S8190 (ACTIVE) - Details

2015-S8190 (ACTIVE) - Summary

2015-S8190 (ACTIVE) - Sponsor Memo

2015-S8190 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2015-S8190 (ACTIVE) - Details

2015-S8190 (ACTIVE) - Summary

2015-S8190 (ACTIVE) - Sponsor Memo

2015-S8190 (ACTIVE) - Bill Text download pdf

Comments