NY State Senate Bill S4163

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2016	referred to codes delivered to assembly passed senate
Mar 14, 2016	advanced to third reading
Mar 09, 2016	2nd report cal.
Mar 08, 2016	1st report cal.354
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 09, 2015	referred to codes delivered to assembly passed senate
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.949
Mar 04, 2015	referred to codes

Votes

Co-Sponsors

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S4163 (ACTIVE) - Details

See Assembly Version of this Bill:: A6039
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.00, add §125.24, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7657
2017-2018: S2761, A3398
2019-2020: S4726, A3902
2021-2022: S5910, A6314
2023-2024: S7203, A2142

S4163 (ACTIVE) - Summary

Establishes the crime of homicide by sale of an opiate controlled substance; makes such crime a class A-1 felony.

S4163 (ACTIVE) - Sponsor Memo

BILL NUMBER:S4163

TITLE OF BILL:

An act to amend the penal law, in relation to enacting "Laree's law"

PURPOSE:

Establishes the crime of homicide by sale of an opiate controlled
substance.

SUMMARY OF PROVISIONS:

Section 1: This act shall be known and cited as "Laree's Law."

Section 2: Adds subdivision 21 to Section 220 00 of the penal law

Section 3: Adds section 125.24 to the penal law

Section 4:  Establishes the effective date.

JUSTIFICATION:

Heroin use is steadily on the rise. Its impact now reaches every
aspect of our society regardless of income, education or genders. The
increasing-availability of this drug combined with more powerful

incarnations is creating an epidemic that is having a dramatic impact
across the state and leading to the unfortunate deaths of too many New
Yorkers. Currently, a person who provides an illicit drug that results
in the death of a user can typically only be charged with criminal
sale of a controlled-substance, allowing those involved in the illicit
drug trade to escape prosecution for the deaths caused by their
actions.

This law would hold drug dealers accountable for the true cost of
their activities, significantly diminish the open availability of
these dangerous drugs on our streets and give district attorneys the
necessary tools to work up the criminal chain to the ultimate supplier
because facing life imprisonment for any amount of drugs that results
in death is a profound disincentive to sell drugs within the state of
New York.

This law seeks to punish those individuals involved in the illegal
drug trade and is not intended to punish those individuals who are
merely co-users.. Therefore a co-user who shares the drugs with the
victim still has an incentive to follow the current good Samaritan law
and save the other person as he or she will be able to avoid
prosecution for homicide by sale of an opiate controlled substance and
instead admit to a lower felony because it still is a distribution.

LEGISLATIVE HISTORY:

2013/14- S.7657 - Passed Senate.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

S4163 (ACTIVE) - Bill Text download pdf

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

                                  4163

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- 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 enacting "Laree's law"

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

  Section  1.  Short  title. This act shall be known and may be cited as
"Laree's law".
  S 2. Section 220.00 of the penal law is amended by adding a new subdi-
vision 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  3.  The penal law is amended by adding a new section 125.24 to read
as follows:
S 125.24 HOMICIDE BY SALE OF AN OPIATE CONTROLLED SUBSTANCE.
  A PERSON IS GUILTY  OF  HOMICIDE  BY  SALE  OF  AN  OPIATE  CONTROLLED
SUBSTANCE  WHEN  HE  OR  SHE UNLAWFULLY TRANSPORTS BY IMPORTING INTO THE
STATE OR TRANSPORTING WITHIN THE STATE FROM ONE COUNTY INTO ANOTHER,  OR
UNLAWFULLY SELLS AS DEFINED BY SUBDIVISION ONE OF SECTION 220.00 OF THIS
CHAPTER,  AN OPIATE CONTROLLED SUBSTANCE AS DEFINED BY SUBDIVISION TWEN-
TY-ONE OF SECTION 220.00 OF THIS CHAPTER,  AND  SUCH  OPIATE  CONTROLLED
SUBSTANCE CAUSES THE DEATH OF ANOTHER PERSON.
  IT  SHALL  BE  A  DEFENSE  TO HOMICIDE BY SALE OF AN OPIATE CONTROLLED
SUBSTANCE THAT THE DEFENDANT JOINTLY  AND  SIMULTANEOUSLY  ACQUIRED  AND
POSSESSED  SUCH  OPIATE  CONTROLLED  SUBSTANCE  FOR  JOINT  USE WITH THE
DECEASED, WITH THE INTENT TO JOINTLY INJECT, INHALE OR OTHERWISE  INGEST
SUCH OPIATE CONTROLLED SUBSTANCE.
  HOMICIDE  BY  SALE  OF  AN  OPIATE CONTROLLED SUBSTANCE IS A CLASS A-I
FELONY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                                           LBD08982-01-5

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The New York State Senate

senate Bill S4163

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 17, 2016 - floor Vote

Floor Vote: May 17, 2016

Mar 8, 2016 - Codes committee Vote

Codes Committee Vote: Mar 8, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Codes Committee Vote: May 27, 2015

Co-Sponsors

S4163 (ACTIVE) - Details

S4163 (ACTIVE) - Summary

S4163 (ACTIVE) - Sponsor Memo

S4163 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4163

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 17, 2016 - floor Vote

Floor Vote: May 17, 2016

Mar 8, 2016 - Codes committee Vote

Codes Committee Vote: Mar 8, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

May 27, 2015 - Codes committee Vote

Codes Committee Vote: May 27, 2015

Co-Sponsors

S4163 (ACTIVE) - Details

S4163 (ACTIVE) - Summary

S4163 (ACTIVE) - Sponsor Memo

S4163 (ACTIVE) - Bill Text download pdf

Comments