NY State Senate Bill S2761

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 (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	referred to codes delivered to assembly passed senate ordered to third reading cal.723 committee discharged and committed to rules
Jan 03, 2018	referred to codes returned to senate died in assembly
Jun 13, 2017	referred to codes delivered to assembly passed senate
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.496
Jan 17, 2017	referred to codes

Votes

Co-Sponsors

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S2761 (ACTIVE) - Details

See Assembly Version of this Bill:: A3398
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
2015-2016: S4163, A6039
2019-2020: S4726, A3902
2021-2022: S5910, A6314
2023-2024: S7203, A2142

S2761 (ACTIVE) - Summary

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

S2761 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2761

 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.
2015/16- S.4163-  Passed Senate.

 FISCAL IMPLICATIONS :

None.

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

S2761 (ACTIVE) - Bill Text download pdf


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

                                  2761

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 17, 2017
                               ___________

Introduced  by  Sens.  AMEDORE,  AKSHAR,  BOYLE, CROCI, FUNKE, GALLIVAN,
  GOLDEN, LARKIN, MARCHIONE, MURPHY, O'MARA, ROBACH, YOUNG -- 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".
  § 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03803-01-7

S. 2761                             2

  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.

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The New York State Senate

senate Bill S2761

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Mar 21, 2018 - Rules committee Vote

Rules Committee Vote: Mar 21, 2018

Jun 13, 2017 - floor Vote

Floor Vote: Jun 13, 2017

Mar 21, 2017 - Codes committee Vote

Codes Committee Vote: Mar 21, 2017

Co-Sponsors

S2761 (ACTIVE) - Details

S2761 (ACTIVE) - Summary

S2761 (ACTIVE) - Sponsor Memo

S2761 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2761

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Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Mar 21, 2018 - Rules committee Vote

Rules Committee Vote: Mar 21, 2018

Jun 13, 2017 - floor Vote

Floor Vote: Jun 13, 2017

Mar 21, 2017 - Codes committee Vote

Codes Committee Vote: Mar 21, 2017

Co-Sponsors

S2761 (ACTIVE) - Details

S2761 (ACTIVE) - Summary

S2761 (ACTIVE) - Sponsor Memo

S2761 (ACTIVE) - Bill Text download pdf

Comments