The New York State Senate

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

                                  3398

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred 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".
  § 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.
  §  3.  The penal law is amended by adding a new section 125.24 to read
as follows:
§ 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.
  § 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.
                                                           LBD03803-01-7