NY State Senate Bill 2017-S4313

Senate Bill S4313

2017-2018 Legislative Session

Establishes certain offenses based on homicide due to criminal sale of a controlled substance and the criminal sale of a controlled substance to a child in the first degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Feb 09, 2017	referred to codes

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2017-S4313 (ACTIVE) - Details

See Assembly Version of this Bill:: A9656
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7512
2019-2020: S6818
2021-2022: S1017
2023-2024: S4058

2017-S4313 (ACTIVE) - Summary

Establishes certain offenses based on homicide due to criminal sale of a controlled substance, establishes the offense of criminal sale of a controlled substance to a child in the first degree, expands the definition of controlled substances with respect to certain offenses, increases the felony classification of certain controlled substance offenses and includes electronic prescriptions and blank prescription forms in the definition of certain controlled substance offenses.

2017-S4313 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4313

 TITLE OF BILL :  An act to amend the penal law, in relation to
establishing certain offenses based on homicide due to criminal sale
of a controlled substance, establishing the offense of criminal sale
of a controlled substance to a child in the first degree, expanding
the definition of controlled substances with respect to certain
offenses, increasing the felony classification of certain controlled
substance offenses and including electronic prescriptions and blank
prescription forms in the definition of certain controlled substance
offenses

 PURPOSE :

Establishes certain offenses based on homicide due to criminal sale of
a controlled substance and to the criminal sale of a controlled
substance to a child in the first degree.

 SUMMARY OF PROVISIONS :

Section 1. The penal law is amended by adding three new sections
125.28, 125.29 and 125.30.

Section 2. Subdivision 13 of section 220.16 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 14 is added.

Section 3. Subdivision 7 of section 220.18 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 8 is added.

Section 4. Subdivision 2 of section 220.21 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 3 is added.

Section 5. Subdivision 7 of section 220.41 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 8 is added.

Section 6. Subdivision 2 of section 220.43 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended and a new
subdivision 3 is added.

Section 7. 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.

Section 8. The penal law is amended by adding a new section 220.49.

Section 9. The closing paragraph of section 220.50 of the penal law,
as amended by chapter 627 of the laws of 1990, is amended.

Section 10. Section 220.55 of the penal law, as added by chapter 970
of the laws of 1971, is amended.

Section 11. Subdivision 15 of section 220.00 of the penal law, as
added by chapter 118 of the laws of 1986, is amended.

Section 12. Section 220.65 of the penal law, as amended by chapter 31
of the laws of 2014, is amended.

Section 13. This act shall take effect on the first of November next
succeeding the date upon which it shall have become a law.

 JUSTIFICATION :


In 2014, Governor Cuomo launched the "Combat Heroin Campaign," which
aims to reduce the number of lives lost to substance abuse overdoses.
New York State is in the middle of an unprecedented heroin epidemic.
With record numbers of illegal drug sales each year, this issue
reaches past just heroin. There have been far too many deaths from
prescription pills and heroin, notably amongst youth in our state. We
must hold those who sell illegal substances accountable for the
consequences of their actions, especially when it leads to the death
of another individual. This includes stronger penalties and broader
ability to prosecute felony charges when illegal substances are
involved.

In 1972, precedent was established on this issue. In The People of the
State of New York v. Pinckney, a defendant was found not guilty of
homicide and also of manslaughter, despite selling heroin, and the
instruments to inject heroin, to the individual who died the same day
from a heroin overdose. The County Court held, "the Penal Law does not
contain any provision whereby the sale of a dangerous drug and the
means of injecting it, thereby resulting in the death of the user,
constitute the crime of manslaughter or criminally negligent
homicide."

This bill will reverse the outdated precedent and hold sellers
responsible for the deaths they caused by their distribution of
illegal drugs. It will allow for the prosecution of drug dealers whose
sale leads to the death of an individual to be charged with criminally
negligent homicide and/or manslaughter. It will also strengthen the
penalty for the sale of illegal substances to minors, especially in
the case of death.

Another important provision is to amend the weight requirements for
heroin in order to be charged with criminal possession or sale. The
average dose of heroin is just 0.03 grams, which means that even an
extremely small amount can be deadly. This bill will decrease the
weight requirements so that individuals who carry and distribute
small, but lethal, amounts of heroin can be charged with a crime.

Finally, it will include the abuse of electronic prescriptions and
blank prescription forms as punishable offenses. Currently, neither
the sale of an electronic prescription, nor the sale of a blank
prescription from a medical provider is included in the criminal sale
of prescriptions statue. The addition of these provisions will further
limit the ability for abuse from providers and patients in purchasing
prescription drugs.

The scourge of illegal drug sales and usage is a complex and
widespread problem in our communities. In addition to expanding
prevention and treatment services, the penalty for selling drugs that
lead to death, especially the deaths of minors, must be strong enough
to reflect the severity of the crime. Statues must also reflect and
criminalize the full range of mechanisms through which drug dealers
can acquire and sell illegal substances. This bill will further these
goals and is an important step forward in solving the epidemic of
substance abuse in our state.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become law.

2017-S4313 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4313
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2017
                                ___________
 
 Introduced  by Sen. PHILLIPS -- 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  establishing  certain
   offenses  based  on  homicide  due  to  criminal  sale of a controlled
   substance, establishing the offense of criminal sale of  a  controlled
   substance  to a child in the first degree, expanding the definition of
   controlled substances with respect to certain offenses, increasing the
   felony classification of certain  controlled  substance  offenses  and
   including electronic prescriptions and blank prescription forms in the
   definition of certain controlled substance offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 125.28, 125.29 and 125.30 to read as follows:
 § 125.28 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
            THIRD DEGREE.
   A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE:
   1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
 AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
 220.43 OF THIS CHAPTER; AND
   (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES TO, THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
 SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06096-02-7

 S. 4313                             2
 
 TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
 ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE
 CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
 HOURS OF THE SALE.
   3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
 PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
 CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
 PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
   4.  WHERE  A  PERSON (HEREINAFTER "SELLER") VIOLATES THE PROVISIONS OF
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION BUT THE SELLER, IN GOOD
 FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM
 THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER  PERSON
 WAS  EXPERIENCING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING
 MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL  NOT
 BE CHARGED OR PROSECUTED UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWEN-
 TY  OF  THIS  CHAPTER  WHEN  THE SALE WAS NOT FOR CONSIDERATION OR OTHER
 BENEFIT OR GAIN.
   5. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF  THIS  SECTION
 OR  A  VIOLATION  OF  ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER WHERE A
 SELLER VIOLATES PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND THE
 SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,  IN
 GOOD FAITH, SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED
 FROM  THE  INGESTION  OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER
 PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREAT-
 ENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH, AND THE DEFEND-
 ANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR  ATTEMPTED  COMMISSION
 OF  A  CLASS  A-I,  A-II OR B FELONY UNDER ARTICLE TWO HUNDRED TWENTY OF
 THIS CHAPTER.
   HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE  THIRD
 DEGREE IS A CLASS D FELONY.
 § 125.29 HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE
            SECOND DEGREE.
   A PERSON IS GUILTY OF HOMICIDE DUE TO CRIMINAL SALE  OF  A  CONTROLLED
 SUBSTANCE IN THE SECOND DEGREE WHEN HE OR SHE:
   1.  COMMITS  THE  OFFENSE  OF:  (A)  (I) CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.31 OF THIS CHAP-
 TER; (II) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE  FOURTH  DEGREE
 AS  DEFINED  IN SECTION 220.34 OF THIS CHAPTER; (III) CRIMINAL SALE OF A
 CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.39 OF
 THIS CHAPTER; (IV) CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION 220.41 OF THIS  CHAPTER;  OR  (V)  CRIMINAL
 SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
 220.43 OF THIS CHAPTER; AND
   (B) THE CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD; AND
   (C)  (I) AN ADDITIONAL SUBSTANCE WAS ADDED TO THE CONTROLLED SUBSTANCE
 SOLD WHICH ENHANCES THE  EFFECTS  OF  THE  CONTROLLED  SUBSTANCE  AND/OR
 INCREASES THE DANGER OF INGESTION; OR
   (II) THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD WAS IMPAIRED
 BY ONE OR MORE SUBSTANCES AT THE TIME OF THE SALE; OR
   (III)  THE PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
 THE CONTROLLED SUBSTANCE WAS SOLD WAS USING, OR INTENDED TO USE, ONE  OR
 MORE OTHER SUBSTANCES IN CONJUNCTION WITH THE CONTROLLED SUBSTANCE SOLD;
 OR

 S. 4313                             3
 
   (IV)  THE  PERSON KNEW, OR HAD REASON TO KNOW, THAT THE PERSON TO WHOM
 THE  CONTROLLED  SUBSTANCE  WAS  SOLD  HAD  COMPLETED  A  REHABILITATION
 PROGRAM, OR OVERDOSED, WITHIN THIRTY DAYS OF THE SALE.
   2.  IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED SUBSTANCE
 SOLD PURSUANT TO SUBDIVISION ONE OF THIS SECTION CAUSED  OR  CONTRIBUTED
 TO  THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE SOLD,
 ALONE OR IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO  BE  THE
 CAUSE  OF  DEATH  OF THE PERSON WHEN THE DEATH OCCURS WITHIN TWENTY-FOUR
 HOURS OF THE SALE.
   3. THE PROVISIONS OF ARTICLE  TWO  HUNDRED  SIXTEEN  OF  THE  CRIMINAL
 PROCEDURE  LAW  SHALL  NOT APPLY TO A VIOLATION OF THIS SECTION. NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT  THE  COURT  FROM  SENTENCING  A
 PERSON  CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.
   4. WHERE A PERSON (HEREINAFTER "SELLER") VIOLATES  THE  PROVISIONS  OF
 SUBDIVISION  ONE  OF  THIS SECTION BUT THE SELLER, IN GOOD FAITH, SOUGHT
 HEALTH CARE FOR THE OTHER PERSON WHOSE DEATH RESULTED FROM THE INGESTION
 OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT OTHER PERSON WAS EXPERIENC-
 ING THE DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL EMER-
 GENCY THAT LED TO THAT PERSON'S DEATH, THE SELLER SHALL NOT  BE  CHARGED
 OR  PROSECUTED  UNDER THIS SECTION OR ARTICLE TWO HUNDRED TWENTY OF THIS
 CHAPTER WHEN THE SALE WAS NOT FOR  CONSIDERATION  OR  OTHER  BENEFIT  OR
 GAIN.
   5.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
 OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
 SELLER  VIOLATES  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND
 THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT OR GAIN, BUT THE SELLER,
 IN GOOD FAITH, SOUGHT HEALTH CARE  FOR  THE  OTHER  PERSON  WHOSE  DEATH
 RESULTED FROM THE INGESTION OF THE CONTROLLED SUBSTANCE SOLD, WHILE THAT
 OTHER  PERSON  WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR OTHER LIFE
 THREATENING MEDICAL EMERGENCY THAT LED TO THAT PERSON'S DEATH,  AND  THE
 DEFENDANT  HAS  NO  PRIOR  CONVICTION  FOR  THE  COMMISSION OR ATTEMPTED
 COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER  ARTICLE  TWO  HUNDRED
 TWENTY OF THIS CHAPTER.
   HOMICIDE  DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND
 DEGREE IS A CLASS C FELONY.
 § 125.30 HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN  THE
            FIRST DEGREE.
   A  PERSON  IS  GUILTY OF HOMICIDE DUE TO CRIMINAL SALE OF A CONTROLLED
 SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE:
   1. COMMITS THE OFFENSE OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
 CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 220.49 OF  THIS  CHAPTER
 AND  THE  CONTROLLED SUBSTANCE SOLD CAUSES, OR CONTRIBUTES, TO THE DEATH
 OF THE PERSON TO WHOM THE CONTROLLED SUBSTANCE WAS SOLD.
   2. IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE CONTROLLED  SUBSTANCE
 SOLD  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION CAUSED OR CONTRIBUTED
 TO THE DEATH OF THE PERSON WHERE THE TYPE OF CONTROLLED SUBSTANCE  SOLD,
 ALONE  OR  IN COMBINATION WITH OTHER SUBSTANCES, IS DETERMINED TO BE THE
 CAUSE OF DEATH OF THE PERSON WHEN THE DEATH  OCCURS  WITHIN  TWENTY-FOUR
 HOURS OF THE SALE.
   3.  THE  PROVISIONS  OF  ARTICLE  TWO  HUNDRED SIXTEEN OF THE CRIMINAL
 PROCEDURE LAW SHALL NOT APPLY TO A VIOLATION OF  THIS  SECTION.  NOTHING
 CONTAINED  IN  THIS  SECTION  SHALL  PREVENT THE COURT FROM SENTENCING A
 PERSON CONVICTED UNDER THIS SECTION TO ANY OTHER SENTENCE AUTHORIZED  BY
 LAW UNDER ARTICLES SIXTY-FIVE AND SEVENTY OF THIS CHAPTER.

 S. 4313                             4
 
   4.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
 OR A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OF  THIS  CHAPTER  WHERE  A
 PERSON  (HEREINAFTER  "SELLER") VIOLATES SUBDIVISION ONE OF THIS SECTION
 AND THE SALE WAS FOR CONSIDERATION OR OTHER BENEFIT  OR  GAIN,  BUT  THE
 SELLER,  IN  GOOD  FAITH,  SOUGHT HEALTH CARE FOR THE OTHER PERSON WHOSE
 DEATH RESULTED FROM THE INGESTION  OF  THE  CONTROLLED  SUBSTANCE  SOLD,
 WHILE  THAT  OTHER PERSON WAS EXPERIENCING A DRUG OR ALCOHOL OVERDOSE OR
 OTHER LIFE THREATENING MEDICAL  EMERGENCY  THAT  LED  TO  THAT  PERSON'S
 DEATH,  AND  THE DEFENDANT HAS NO PRIOR CONVICTION FOR THE COMMISSION OR
 ATTEMPTED COMMISSION OF A CLASS A-I, A-II OR B FELONY UNDER ARTICLE  TWO
 HUNDRED TWENTY OF THIS CHAPTER.
   HOMICIDE  DUE  TO CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
 DEGREE IS A CLASS B FELONY.
   § 2. Subdivision 13 of section 220.16 of the penal law, as amended  by
 chapter  75  of the laws of 1995, is amended and a new subdivision 14 is
 added to read as follows:
   13.   phencyclidine and said phencyclidine  weighs  one  thousand  two
 hundred fifty milligrams or more[.]; OR
   14.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   § 3. Subdivision 7 of section 220.18 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and a new subdivision 8 is
 added to read as follows:
   7. methadone and said methadone  weighs  two  thousand  eight  hundred
 eighty milligrams or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  SAID  PREPARATIONS,  COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF AN AGGREGATE WEIGHT OF TWELVE GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES  ARE  PACKAGED  IN  FOUR
 HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   §  4.  Subdivision 2 of section 220.21 of the penal law, as amended by
 chapter 75 of the laws of 1995, is amended and a new  subdivision  3  is
 added to read as follows:
   2.  methadone  and  said  methadone weighs five thousand seven hundred
 sixty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING   HEROIN   AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF TWENTY-FOUR GRAMS OR  MORE,  OR
 SUCH  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR SUBSTANCES ARE PACKAGED IN
 EIGHT HUNDRED OR MORE CONTAINERS, PACKETS OR "DECKS".
   § 5. Subdivision 7 of section 220.41 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and a new subdivision 8 is
 added to read as follows:
   7.  methadone and the methadone weighs three hundred sixty  milligrams
 or more[.]; OR
   8.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  THE  PREPARATIONS,   COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF 1.5 GRAMS OR MORE, OR SUCH
 PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE PACKAGED IN FIFTY OR
 MORE CONTAINERS, PACKETS OR "DECKS".
   § 6. Subdivision 2 of section 220.43 of the penal law, as  amended  by
 chapter  75  of  the laws of 1995, is amended and a new subdivision 3 is
 added to read as follows:

 S. 4313                             5
 
   2.   methadone and the methadone weighs  two  thousand  eight  hundred
 eighty milligrams or more[.]; OR
   3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
 CONTAINING  HEROIN  AND  THE  PREPARATIONS,   COMPOUNDS,   MIXTURES   OR
 SUBSTANCES  ARE  OF  AN  AGGREGATE  WEIGHT OF SIX GRAMS OR MORE, OR SUCH
 PREPARATIONS, MIXTURES OR SUBSTANCES ARE PACKAGED IN TWO HUNDRED OR MORE
 CONTAINERS, PACKETS OR "DECKS".
   § 7. 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 WITHOUT CONSIDERATION OR OTHER  BENE-
 FIT  OR  GAIN  a  controlled substance in violation of section 220.34 or
 220.39 of this article to a person less than seventeen years old.
   Criminal sale of a controlled substance  to  a  child  IN  THE  SECOND
 DEGREE is a class B felony.
   §  8.  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 TWENTY-ONE YEARS OLD, HE OR
 SHE KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE FOR  CONSIDER-
 ATION  OR OTHER BENEFIT OR GAIN IN VIOLATION OF SECTION 220.34 OR 220.39
 OF THIS ARTICLE TO A PERSON LESS THAN SEVENTEEN YEARS OLD.
   CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
 IS A CLASS A-II FELONY.
   § 9. The closing paragraph of section 220.50  of  the  penal  law,  as
 amended  by  chapter  627  of  the  laws  of 1990, is amended to read as
 follows:
   Criminally using drug paraphernalia in the second degree is a class [A
 misdemeanor] E FELONY.
   § 10. Section 220.55 of the penal law, as added by chapter 970 of  the
 laws of 1971, is amended to read as follows:
 § 220.55 Criminally using drug paraphernalia in the first degree.
   A person is guilty of criminally using drug paraphernalia in the first
 degree  when he commits the crime of criminally using drug paraphernalia
 in the second degree and he has previously been convicted of  criminally
 using drug paraphernalia in the second degree.
   Criminally using drug paraphernalia in the first degree is a class [D]
 C felony.
   §  11.  Subdivision 15 of section 220.00 of the penal law, as added by
 chapter 118 of the laws of 1986, is amended to read as follows:
   15. "Prescription for a controlled substance"  means  a  direction  or
 authorization, by means of an official New York state prescription form,
 AN  ELECTRONIC  PRESCRIPTION,  a  written  prescription  form or an oral
 prescription, which will permit a person to lawfully obtain a controlled
 substance from any person authorized to dispense controlled substances.
   § 12. Section 220.65 of the penal law, as amended by chapter 31 of the
 laws of 2014, is amended to read as follows:
 § 220.65 Criminal sale of a prescription for a controlled  substance,  A
            BLANK  PRESCRIPTION  FORM  or  of a controlled substance by a
            practitioner or pharmacist.

 S. 4313                             6

   A person is guilty of criminal sale of a prescription for a controlled
 substance or of a controlled substance by a practitioner  or  pharmacist
 when:  1. being a practitioner, as that term is defined in section thir-
 ty-three hundred two of the public health law, he or she  knowingly  and
 unlawfully  sells  a  prescription for a controlled substance OR A BLANK
 PRESCRIPTION FORM. For the purposes of this section, a  person  sells  a
 prescription  for  a controlled substance unlawfully when he or she does
 so other than in good faith in the course of  his  or  her  professional
 practice; or
   2.  being  a practitioner or pharmacist, as those terms are defined in
 section thirty-three hundred two of the public health law,  he  or  she,
 acting  other  than  in  good  faith, while purporting to act within the
 scope of the power, authority and privileges of his or her  license,  as
 that  term  is defined in section thirty-three hundred two of the public
 health law, knowingly and unlawfully sells a controlled substance  OR  A
 BLANK PRESCRIPTION FORM.
   Criminal  sale  of  a  prescription for a controlled substance or of a
 controlled substance by a practitioner or pharmacist is a  class  [C]  B
 felony.
   §  13.  This  act  shall  take  effect  on  the first of November next
 succeeding the date upon which it shall have become a law.

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Senate Bill S4313

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Sponsored By

Elaine Phillips