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Senate Bill S2761

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2017-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
2025-2026: S972, A4092

2017-S2761 (ACTIVE) - Summary

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

2017-S2761 (ACTIVE) - Sponsor Memo

2017-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

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