NY State Senate Bill S3845

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2018	referred to codes delivered to assembly passed senate ordered to third reading cal.869 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
Jun 05, 2017	ordered to third reading cal.1452 committee discharged and committed to rules
Jan 27, 2017	referred to codes

Votes

Co-Sponsors

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S3845 (ACTIVE) - Details

See Assembly Version of this Bill:: A3981
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §220.48, add §220.49, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2316, A6494
2011-2012: S3210, A3032
2013-2014: S988, A10067
2015-2016: S208, A4529, A10084
2019-2020: S3155, A2453
2021-2022: S2079, A6502
2023-2024: S6019, A6709

S3845 (ACTIVE) - Summary

Relates to the criminal sale of a controlled substance to a person less than fourteen years of age.

S3845 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S3845

 TITLE OF BILL :

An act to amend the penal law, in relation to the criminal sale of a
controlled substance to a person less than fourteen years of age

 PURPOSE OF BILL :

To amend the Penal Law to provide that the sale of controlled
substances to minors under 14 may be prosecuted as a more serious
offense.

 SUMMARY OF SPECIFIC PROVISIONS :

Adds § 220.49 of the Penal Law which creates the crime of criminal
sale of a controlled substance to a child in the first degree, making
the sale of a controlled substance by an adult to a minor under the
age of 14 a class A-II felony. Also Amends the title of

§ 220.48 of the Penal Law, reflecting the lesser included offense of
criminal sale of controlled substance to a child in the second degree.

 JUSTIFICATION :

There has been a recent increase in drug use, especially opiate based

substances, by young adults and teenagers. There has also been an
increase in overdose cases and overdose deaths. Many of these
youngsters start experimenting in their teenage years with addicting
prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children
thirteen and fourteen years old wanted to use heroin. They left home
and began a search to buy heroin as was later detected by a review of
their computers internet history, To provide a criminal sanction for
drug dealers, there is a need for the section dealing with someone who
would sell drugs to a minor.

Drug use has become more prevalent among high school students.
Although, the total answer to this epidemic is not to be found in the
amendment of these two sections of the law, the passage of this bill
will result in another tool to help in the battle to protect our
children.

Drug dealers prey upon our young people and must be dealt with harshly
in appropriate circumstances. This bill is intended to punish those
who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment
and enforcement is the most effective way to protect our youngsters
from narcotics addiction. This bill provides substantial assistance to
law enforcement in the crucially important element of enforcement.

 LEGISLATIVE HISTORY :

S.208 (2015-16) - Passed Senate
S.988-A (2013-14) - Passed Senate
S.32103 (2011-12) - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

S3845 (ACTIVE) - Bill Text download pdf


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

                                  3845

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced by Sen. MARCHIONE -- 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 the criminal sale of a
  controlled substance to a person less than fourteen years of age

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

  Section  1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws  of  2009,  is  amended  to  read  as
follows:
§ 220.48 Criminal  sale  of  a  controlled  substance  to a child IN THE
           SECOND DEGREE.
  A person is guilty of criminal sale of a  controlled  substance  to  a
child  IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance  in  violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
  Criminal  sale  of  a  controlled  substance  to a child IN THE SECOND
DEGREE is a class B felony.
  § 2. The penal law is amended by adding a new section 220.49  to  read
as follows:
§ 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE  IN  VIOLATION  OF
SECTION  220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                                           LBD04714-01-7

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The New York State Senate

senate Bill S3845

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Apr 30, 2018 - floor Vote

Floor Vote: Apr 30, 2018

Apr 30, 2018 - Rules committee Vote

Rules Committee Vote: Apr 30, 2018

Jun 13, 2017 - floor Vote

Floor Vote: Jun 13, 2017

Jun 5, 2017 - Rules committee Vote

Rules Committee Vote: Jun 5, 2017

Co-Sponsors

S3845 (ACTIVE) - Details

S3845 (ACTIVE) - Summary

S3845 (ACTIVE) - Sponsor Memo

S3845 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3845

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Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Apr 30, 2018 - floor Vote

Floor Vote: Apr 30, 2018

Apr 30, 2018 - Rules committee Vote

Rules Committee Vote: Apr 30, 2018

Jun 13, 2017 - floor Vote

Floor Vote: Jun 13, 2017

Jun 5, 2017 - Rules committee Vote

Rules Committee Vote: Jun 5, 2017

Co-Sponsors

S3845 (ACTIVE) - Details

S3845 (ACTIVE) - Summary

S3845 (ACTIVE) - Sponsor Memo

S3845 (ACTIVE) - Bill Text download pdf

Comments